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REDEVELOPMENT AGENCY AGENDA ITEM NO. 05



Meeting Date: May 14, 2002

Subject/Title: Approve a Resolution to Approve the Report to the City Council on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans, Submitting the Report, Proposed Amendments and Negative Declaration to the Council, and Consenting to and Requesting the City Council to call a Joint Public Hearing on the Proposed Amendments and the Negative Declaration

Submitted by: Gina Rozenski, Redevelopment Analyst

Approved by: John Stevenson, Executive Director


RECOMMENDATION 
Adopt Resolution to Approve the Report to the City Council on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans, Submitting the Report, Proposed Amendment and Negative Declaration relating thereto to the Council, and Consenting to and Requesting the City Council to call a Joint Public Hearing on the Proposed Amendments and the Negative Declaration.

PREVIOUS ACTION
On June 26, 2001, the City Council of the City of Brentwood approved and adopted Resolution No. 2322 adding area to the North Brentwood Redevelopment Survey Area.

On October 2, 2001, the Planning Commission of the City of Brentwood approved and adopted Resolution No. 01-76 amending the boundaries of the North Brentwood Redevelopment Project Area, approving Amendments to the Preliminary Plans for the Merged Brentwood and North Brentwood Redevelopment Projects, and submitting the Amendments to the Preliminary Plans to the Redevelopment Agency of the City of Brentwood for its acceptance and preparation of amendments to the official Redevelopment Plans for the Projects.

On January 22, 2002, the Redevelopment Agency approved a resolution accepting the Amendments to the Preliminary Plans for the Merged Brentwood and North Brentwood Redevelopment Project Areas, authorizing Agency staff to file information with appropriate taxing agencies and officials, and directing the amendments to the official Redevelopment Plans for the Projects be prepared.

On April 9, 2002, the Redevelopment Agency approved resolutions to adopt the Preliminary Report and refer it to the appropriate taxing entities, accepted and authorized circulation of the Draft Negative Declaration, and referred the Proposed Amendments to the Planning Commission and to the Project Area Committee for review and recommendations. 

BACKGROUND

The attached Report to the City Council on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans was prepared in accordance with the requirements of Health and Safety Code Section 33344.5 of the Community Redevelopment Law.

The Brentwood Redevelopment Plan (“Downtown Plan”) was originally adopted in 1982. Since the original adoption, the Downtown Plan has been amended five times to add area, to authorize certain projects, and to establish or extend financial limits. The North Brentwood Redevelopment Plan (“North Brentwood Plan”) was adopted in 1991, and has been amended three times to authorize certain projects and to establish or extend financial limits. The principal objectives of the Redevelopment Plans are to eliminate visual, economic, physical and social blight and to renew and create economic stimulation within the Project Areas. 

Purpose of Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans

The North Brentwood Project Area suffers from parcels of irregular shape, inadequate size, multiple ownership, incompatible and nonconforming uses, deteriorated buildings, defective or substandard building design, and lack of local neighborhood serving uses. Furthermore, in comparison to the rest of the City, it suffers from low lease rates, low sales transactions, low job creation, depreciated or stagnant property values, and impaired investments. 

The purpose of the proposed amendments to the North Brentwood Redevelopment Plan is to add 138 acres of area, commonly referred to as Sunset Industrial park area (“Added Area”), to the North Brentwood Project Area. Existing uses include the City’s wastewater treatment plant, solid waste plant and sports complex. Proposed, additional uses include the City corporation yard, an improved and advanced wastewater treatment plant, and a 28± acre, 9-lot industrial subdivision. The proposed Added Area will provide adequate sites to accommodate the relocation of incompatible existing industrial uses along Brentwood Boulevard. This is necessary to eliminate existing blighting conditions along this corridor and to prevent continuing decline and stagnation of the area. In turn, removing the impediments and providing the assistance and incentives needed to stimulate private investment will renew and create economic stimulation within the area to provide for commercially synergistic uses that will complement the community,

The second purpose of the proposed amendment is to re-establish the Agency’s authority of eminent domain in the Downtown Project Area, and to extend the original twelve-year limit of eminent domain authority in the North Brentwood Project Area. Re-establishing and extending the authority of eminent domain is necessary to assist in alleviating blight conditions that impede the development, improvement, rehabilitation and modernization of the Project Areas. Eminent domain is not used lightly, but it is necessary to acquire and assemble properties for proper usefulness, a valid public purpose, and to achieve the goals and objectives of the Plans.


Contents of the Report to City Council on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans

The contents of the Report to City Council, as required by the State Community Redevelopment Law, are listed below:

1. The reasons for selection of the Added Area to the North Brentwood Project and proposed amendments.
2. Description of specific projects proposed for the Added Area, and how the uses and projects will improve, alleviate and facilitate existing blighting conditions in the North Brentwood Redevelopment Area. A review of the existing Implementation Plan and how its identified goals and objectives, and projects and programs are consistent with those proposed for the Amendment.
3. Descriptions of the physical and economic blighting conditions still existing in the North Brentwood Redevelopment Area and the relationship to the proposed Added Area.
4. Proposed method of financing redevelopment of the Added Area including methods of financing, financial feasibility and reasons for including tax increment financing from the Added Area in the North Brentwood Redevelopment Plan.
5. Reasons why elimination of blight and redevelopment cannot be accomplished by private enterprise acting alone or by City Council’s use of financing alternatives other than tax increment financing in the North Brentwood Redevelopment Project.
6. A method or plan for relocation including rules and regulations, Agency determinations and assurances, relocation assistance advisory program and assurance of comparable replacement housing and information on the relocation administrative organization.
7. Analysis of the Preliminary Plan.
8. Report and Recommendation of the Planning Commission.
9. Report and Recommendation of the Project Area Committee. 
10. Statement regarding the environmental studies.
11. A neighborhood impact report.
12. Report of the County Fiscal Officer.
13. Analysis of the Report of the County Fiscal Officer and a summary of consultations with taxing agencies.

The Community Redevelopment Law requires that the Report to City Council contain a description of the proposed method of financing redevelopment of the Added Area and an assessment of the economic feasibility of this method. To this end, staff and consultants McGill Martin & Self have prepared a projection of growth in assessed value over the life of the Plan. The redevelopment project is shown to be feasible by demonstrating that the costs of the project can be paid with the expected tax increment funds (and other, lesser funding sources) received by the Agency over the life of the Plan.

Proposed Amendments

The Sixth Amendment to the Brentwood Redevelopment Plan and the Fourth Amendment to the North Brentwood Redevelopment Plan are attached.


Negative Declaration

The Negative Declaration, attached, was prepared by Jones & Stokes, pursuant to the State of California Environmental Quality Act. The Negative Declaration and Environmental Checklist were circulated for public review and comment from April 10 to May 2, 2002. The Negative Declaration was mailed to all taxing agencies, and notice of the availability of the Negative Declaration was advertised in The Ledger Dispatch on April 12, 2002, as well as posted in the County Clerk’s office for 20 days. No comment letters were received.

Consideration

The Agency is asked to approve and adopt the Report to City Council on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans and to submit the Report, Proposed Amendments and the Negative Declaration to the City Council and to call a Joint Public Hearing on the Amendment and the Negative Declaration. If the City consents to a Joint Public Hearing, it will be scheduled for June 11, 2002. A Public Hearing Notice will be published in The Ledger Dispatch for four consecutive weeks on May 15, 22, 29 and June 5. Public Hearing notices will be sent to all owners and residents in the existing and Added Areas and to all taxing entities. Additionally, owners in the existing and Added Areas will receive a letter with a statement regarding property acquisition as required in Health and Safety Code Sections 33349 and 33350.


FISCAL IMPACT
None.

Attachments:
1. Resolution No. RA-____.
2. Report to City Council on the Proposed Amendments to the Merged Redevelopment Plans.
3. Sixth Amendment to the Brentwood Redevelopment Plan and Fourth Amendment to the North Brentwood Redevelopment Plan.
4. Negative Declaration.



RESOLUTION NO. RA - 


A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD APPROVING AND ADOPTING THE REPORT TO THE CITY COUNCIL OF THE PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS, SUBMITTING THE REPORT, PROPOSED AMENDMENTS AND NEGATIVE DECLARTION RELATING THERETO TO THE CITY COUNCIL, AND CONSENTING TO AND REQUESTING THE CITY COUNCIL TO CALL A JOINT PUBLIC HEARING ON SAID AMENDMENTS


WHEREAS, the Redevelopment Agency of the City of Brentwood (the “Agency”) has prepared proposed Amendments to the Redevelopment Plans (the “Amendments”) for the Merged Brentwood and North Brentwood Redevelopment Projects (the “Projects”); and

WHEREAS, the Agency has submitted the proposed Amendments to the Project Area Committee for the Merged Brentwood and North Brentwood Redevelopment Projects for its report and recommendations, and the Project Area Committee on May 1, 2002, reviewed the proposed Amendments and recommended the approval and adoption of the proposed Amendments; and

WHEREAS, the Agency has submitted the proposed Amendments to the Planning Commission of the City of Brentwood for its report and recommendations, and the Planning Commission by Resolution No. 02-17 on May 2, 2002, reviewed the proposed Amendments and recommended the approval and adoption of the proposed Amendments; and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs., section 15000 et seq. hereinafter the “State CEQA Guidelines”) and the local procedures adopted by the Agency pursuant thereto, the Agency has prepared and completed a proposed Negative Declaration (the “Negative Declaration”) for the Amendments; and

WHEREAS, pursuant to section 33352 of the California Community Redevelopment Law (Health and Safety Code, section 33000 et seq.), the Agency has prepared a Report to the City Council on the proposed Amendments; and

WHEREAS, Section 33458 of the Health and Safety Code authorizes a joint public hearing on the proposed Amendments with the consent of the Agency and the City Council of the City of Brentwood (the “City Council”);


NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD DOES RESOLVE AS FOLLOWS:

Section 1. The Agency hereby approves and adopts the Report to the City Council on the proposed Amendments, and hereby submits said Report, together with the proposed Amendments for the Project and the Negative Declaration, to the City Council.
Section 2. The Agency hereby consents to a joint public hearing on the proposed Amendments and requests the City Council to call a joint public hearing of the Agency and the City Council on June 11, 2002, at 7:30 p.m. in the City Council Chambers to consider and act upon the proposed Amendments and all documents and evidence pertaining thereto, together with a joint public hearing on the proposed Final Negative Declaration for the Amendment.
Section 3. The Secretary of the Agency shall, in cooperation with the City Clerk of the City of Brentwood, prepare, publish and mail such notices and documents and do all other acts as may be necessary to carry out the purposes of this resolution.

PASSED AND ADOPTED this 14th day of May, 2002 by the following vote:


REPORT TO THE CITY COUNCIL

FOR THE PROPOSED AMENDMENTS TO THE
MERGED BRENTWOOD AND NORTH BRENTWOOD
REDEVELOPMENT PLANS



Prepared For

REDEVELOPMENT AGENCY OF THE 








Prepared by










May 7, 2002






Table of Contents



Introduction. Background and Purpose of the Report to the City Council 3

Section I. Reasons for the Selection of the Project Area, Description of Specific 8 
Proposed Projects, and Description of How These Projects will Improve or Alleviate the Blight Conditions Described Herein

Section II. Description of Physical and Economic Blight Conditions 15

Section III. Implementation Plan Describing Specific Goals, Objectives and Projects, 36
Including a Program of Actions and Expenditures for the First Five Years, 
And Description of How the Projects will Improve or Alleviate the Blighting Conditions

Section IV. Explanation of Why the Elimination of Blight and the Redevelopment of 38
the Project Area Cannot Reasonably be Expected to be Accomplished by Private Enterprise Acting Alone or by the City’s Use of Financing Alternatives Other Than Tax Increment Financing 

Section V. Proposed Method of Financing Redevelopment and Assessment of 39
Economic Feasibility

Section VI. A Method for the Relocation of Families and Persons to be Temporarily 49
or Permanently Displaced from Housing Facilities in the Project Area

Section VII. Analysis of the Preliminary Plan 54

Section VIII. The Report and Recommendations of the Planning Commission and 55 
the Report’s Consistency with the General Plan

Section IX. Report Required by Section 33387 of the Health and Safety Code 56

Section X. Environmental Determination 57

Section XI. Neighborhood Impact Report 58

Section XII. Report and the Analysis of the Report of the County Fiscal Officer 59
and Summary of Consultations with Taxing Entities


INTRODUCTION: BACKGROUND AND PURPOSE OF THE REPORT TO THE CITY COUNCIL


A. Background 

This Report to the City Council (the “Report”) on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans has been prepared by the Redevelopment Agency of the City of Brentwood (the “Agency”) pursuant to Sections 33352 and 33354.6 of the California Community Redevelopment Law (“CRL”). The purpose of this Report is to provide the City Council with the information, documentation, and evidence required by the CRL in order to assist the City Council in its consideration of the proposed amendment and in making the various findings and determinations it must make in connection with the adoption of the proposed amendment.

The purpose for the Redevelopment Plan Amendments is two-fold and includes the following:

1. Adding approximately 138 acres (hereinafter referred to as the Sunset area) to the northeasterly portion of the North Brentwood Redevelopment Project Area; and

2. Extending the time limit for eminent domain authority within the North Brentwood Redevelopment Project Area; and re-establishing eminent domain authority in the Brentwood Redevelopment Project Area. 

Amendments to existing Redevelopment Plans that add new territory require the Agency to follow the same procedures as required for original adoption of a Redevelopment Plan (CRL Section 33354.6). On April 9, 2002, the Agency adopted Resolution RA-44 to approve and refer the Preliminary Report on the Proposed Amendments to affected taxing entities within the North Brentwood Project Area for review and consultation.

Although the Brentwood and North Brentwood Redevelopment Project Areas were merged in 2000, actions to add territory and extend or re-establish time limits for eminent domain are accomplished by amendment to each redevelopment plan. Therefore, within this Report the proposed amendment to add territory, extend, and re-establish eminent domain are defined and studied independently for each Project Area throughout this Report.

To add new territory to a redevelopment project, the City Council must find that the added area is either blighted or is necessary for effective redevelopment. The existence of blight is not necessary for extending or re-instituting eminent domain. The Sunset area is proposed for amendment into the North Brentwood Redevelopment Project Area ,and it is therefore this specific Redevelopment Project Area as well as the proposed Sunset area itself that the findings pursuant to Health and Safety Code Sections 33030, 33031, and 33321 are made. In addition, the time limit for eminent domain for the North Brentwood Redevelopment Project Area is scheduled to expire and this proposed amendment provides for an additional twelve-year extension for its use. The use of eminent domain for the Brentwood Redevelopment Project Area lapsed, and this amendment simply provides re-instituting the use of eminent domain within the Brentwood Redevelopment Project Area. This is explained in more detail in Section I of this Report. Under CRL Section 33367 the redevelopment plan(s) and the ordinance adopting the redevelopment plan(s) must specifically include the authority to implement its use. 


The North Brentwood Redevelopment Project Area (hereinafter referred to as North Brentwood) was originally approved and adopted on July 9, 1991, by Ordinance No. 496. When adopted, North Brentwood included certain unincorporated County property, which remains today. As a result, the County Board of Supervisors is required to take formal action for final plan amendment adoption. 

North Brentwood was amended three times with the first amendment occurring on December 27, 1994, by Ordinance No. 548 in order to amend the plan’s financial time limits bringing them into conformance with Assembly Bill (AB) 1290. In June of 2000, North Brentwood was amended by Ordinance No. 632 which merged North Brentwood with the Brentwood Redevelopment Plan (hereinafter Brentwood). North Brentwood was amended a third time by Ordinance No. 699 in March 2002 to comply with financial time limits in accordance with SB 211. 

Brentwood totals 371 acres and North Brentwood Project totals 810 acres. In aggregate, the merged areas total 1,181 acres. The proposed addition of the Sunset area includes 138 acres. If the amendment is adopted and the Sunset area is added to North Brentwood, the total acreage for North Brentwood would total 948 acres.

In Map – Introduction 1, the regional location of Brentwood is presented. In Map – Introduction 2, the existing Brentwood and North Brentwood Redevelopment Areas as well as the proposed added Sunset area are presented.


Map – Introduction 1:
Regional Location Map 





Map – Introduction 2:
Project Areas and Proposed Amended Boundaries (Sunset Area)






B. Purpose of the Preliminary Report 

As stated in Section A above, the purpose of this Report is to provide the City Council with the information, documentation, and evidence required by the CRL in order to assist the City Council in its consideration of the proposed amendment and in making the various findings and determinations it must make in connection with the adoption of the proposed amendment.

The required components of this Report and the sections in this Report in which these components are addressed are as follows:

Section I. Reasons for the Selection of the Project Area, Description of Specific 
Proposed Projects, and Description of How These Projects will Improve or Alleviate the Blight Conditions Described Herein

Section II. Description of Physical and Economic Blight Conditions 

Section III. Implementation Plan Describing Specific Goals, Objectives and Projects, 
Including a Program of Actions and Expenditures for the First Five Years, 
And Description of How the Projects will Improve or Alleviate the Blighting Conditions

Section IV. Explanation of Why the Elimination of Blight and the Redevelopment of 
the Project Area Cannot Reasonably be Expected to be Accomplished by Private Enterprise Acting Alone or by the City’s Use of Financing Alternatives Other Than Tax Increment Financing 

Section V. Proposed Method of Financing Redevelopment and Assessment of 
Economic Feasibility

Section VI. A Method for the Relocation of Families and Persons to be Temporarily 
or Permanently Displaced from Housing Facilities in the Project Area

Section VII. Analysis of the Preliminary Plan 

Section VIII. The Report and Recommendations of the Planning Commission and 
the Report’s Consistency with the General Plan

Section IX. Report Required by Section 33387 of the Health and Safety Code 

Section X. Environmental Determination 

Section XI. Neighborhood Impact Report 

Section XII. Report and the Analysis of the Report of the County Fiscal Officer 
and Summary of Consultations with Taxing Entities


SECTION I: REASONS FOR THE SELECTION OF THE PROJECT AREA, DESCRIPTION OF SPECIFIC PROPOSED PROJECTS, AND DESCRIPTION OF HOW THESE PROJECTS WILL IMPROVE OR ALLEVIATE THE BLIGHT CONDITIONS DESCRIBED HEREIN


The City of Brentwood is located in eastern Contra Costa County and has a total population of approximately 23,302. Incorporated City of Brentwood boundaries total approximately 7,600 acres with an estimated 8,100 housing units. Current employment within the City is estimated at 5,640 jobs. The primary reasons for the proposed plan amendment include:

• Elimination of blighting conditions that continues to exist in North Brentwood. 

• Maintain consistency with the City’s adopted General Plan and Zoning Code.

• Foster new investment and business attraction for job creation and business retention.

• Continue with and re-establish the Agency’s authority of eminent domain if necessary to implement redevelopment activities. 

A. Reasons for the Proposed Added Area:

Portions of North Brentwood continue to suffer from the following conditions:

• Parcels of irregular shape or inadequate size.

• Multiple ownerships. 

• Incompatible and nonconforming uses. 

• Deteriorated buildings. 

• Defective or substandard design. 

• Building vacancies. 

• Inadequate parking and street deficiencies. 

• Depreciated and stagnant property values.

• Impaired investment.

• Lack of proper utilization.

The proposed Sunset area (added area) is located entirely within the City of Brentwood boundaries. This 138-acre proposed Sunset area is contiguous with existing North Brentwood along its easterly boundary and just north of Sunset Road. The Sunset area is bounded to the south by Sunset Road, to the west by the Tresch Road (and Trailside Subdivision) and Marsh Creek, to the north by Marsh Creek, and to the east by an existing orchard and food processing plant. Refer to Map – Introduction 2 for the location of the proposed Sunset area and its relationship to the North Brentwood Redevelopment Area.

Uses proposed for the Sunset area include an industrial park subdivision that is necessary to alleviate blight in North Brentwood. This will be accomplished by relocation of existing incompatible and non-conforming heavy to light industrial businesses in North Brentwood along Brentwood Boulevard, an area that continues to suffer from significant blight. By amending the North Brentwood boundaries to include the Sunset area, the Redevelopment Agency can implement the redevelopment activities necessary to improve or eliminate the blighted conditions that continue to exist in North Brentwood, as identified in Section II of this report. The Sunset area is being added under CRL Section 33321 because its inclusion is necessary for the effective redevelopment of the area. The City and Redevelopment Agency have no other alternatives to accomplish the alleviation of blighting conditions and relocate businesses within the City borders other than to the proposed Sunset area. 

The City’s adopted General Plan designates the Sunset area for Industrial (I) use with the zoning classification of Planned Development (PD). The area along Brentwood Boulevard identified in Section II of this Report continues to suffer from significant remaining blight. This includes, for example, impaired investment, deteriorating buildings, and non-conforming industrial and industrial commercial businesses. The area along Brentwood Boulevard where these conditions continue to exist is designated in the General Plan for Professional Office (zoning classification of O) and General Commercial (zoning classification of GC). Existing to the west and contiguous to these properties within North Brentwood are residentially zoned lands. The current incompatible uses and other elements of blighting conditions are detrimental to the Agency’s housing production and provide further justification as to the reason why those businesses must be relocated to the Sunset area. These existing industrial uses are incompatible with residential uses due to noise, dust, odor, and heavy truck traffic. 

The Sunset area is the only area available to the City to relocate identified existing businesses and maintains consistency with the City’s General Plan. Although the General Plan designates other areas of the City for industrial land uses, those areas are significantly deficient in infrastructure improvements. The timing associated with improving infrastructure in those other areas would be detrimental to the North Brentwood redevelopment efforts to relocate businesses over the next one to five years. In addition, costs would be prohibitive without the use of redevelopment over the other industrial designated areas of the City. Sunset provides the opportunity through redevelopment to provide adequate facilities while also retaining these businesses within the City of Brentwood. The relocation of businesses in the near term is necessary to effectuate the elimination of blight and implement redevelopment activities within the identified portion of North Brentwood where blight remains. 

The Sunset area is necessary for addition to North Brentwood because neither public resources nor private resources acting alone can achieve the combination of costs, site preparation, land assemblage, rehabilitation, businesses relocation, and new development and infrastructure improvements to alleviate blight within North Brentwood. The conditions that led to those existing along Brentwood Boulevard are so severe that it impairs investment within the area as well as within the Sunset area. It is these conditions that have existed and continue to exist that have impeded investment and are cause for the inability to redevelop North Brentwood. Redevelopment will not occur until removal of identified conditions is accomplished. 

The proposed Sunset area includes the planned Sunset Industrial Park. The industrial park proposes approximately 28.8 acres for light and medium and heavy industrial land uses. The project is proposed as a 9-lot industrial subdivision with lots ranging from 2.1 to 5.7 acres. The Sunset area is a key element to the Agency’s success in its continued effort to redevelop North Brentwood. As previously identified, businesses primarily targeted for the Sunset area are those non-conforming and/or incompatible businesses along Brentwood Boulevard identified in this Report and, as a result of relocation, will allow the redevelopment of these properties. 

The North Brentwood Redevelopment Plan identifies several industrial land uses along Brentwood Boulevard, the City’s main commercial corridor. The Plan analyzed the physical condition of the buildings, signs, equipment, and paved areas, and concluded that many were blighted. There are no such suitable sites within the current configuration of the North Brentwood Redevelopment Plan that will accommodate relocated industrial businesses and allow for effective redevelopment at their current location. The Sunset area includes sufficient land that, with the use of redevelopment, is economically viable to relocate these businesses. Since the inclusion of the Sunset area is pursuant to CRL Section 33321, the Agency is required to make findings within this Report that the Sunset area is the only area within the City that has the relocation capacity (available land consistent with the General Plan) necessary to implement redevelopment of the North Brentwood, and that effective redevelopment cannot feasibly occur without inclusion of the Sunset area into North Brentwood.


B. Reasons for Eminent Domain

A primary tool afforded to redevelopment agencies is the use of eminent domain. As previously mentioned, although the Brentwood and North Brentwood project areas were merged, each of the two areas in terms of this plan amendment are analyzed independently. 

The original twelve-year time allowance for eminent domain authority to acquire land in the Brentwood Redevelopment Project Area expired in 1995. This amendment would re-establish the Agency’s authority to use eminent domain for the next twelve years from the date the redevelopment plan amendment is adopted. Re-instituting eminent domain is necessary because the redevelopment improvements identified in the redevelopment plan are incomplete. The Agency needs to acquire property for street widening, utility undergrounding, landscaping and lighting, and other capital improvements, as well as, property assemblage necessary for new and revitalized development, improvements, rehabilitation, and modernization of parcels in the Brentwood Redevelopment Project Area. Eminent domain is necessary to remove impediments and to provide the assistance and incentives needed to stimulate private landowners, business tenants, or private investors to invest in the Brentwood Redevelopment Project Area.

Under CRL Section 33333.2 (a) (4), the time limit allowance for eminent domain is twelve years. The original twelve-year time allowance for eminent domain to acquire land in the North Brentwood Redevelopment Project Area will expire on July 9, 2003. This amendment would extend the Agency’s authority to use eminent domain in North Brentwood for the next twelve years from the date the amendment is adopted. 

The extension to continue the authority of eminent domain is necessary because planned projects identified in the North Brentwood Redevelopment Plan have not yet been completed. The Agency needs to acquire property for street widening, utility undergrounding, landscaping and lighting, and other capital improvements as well as property assemblage necessary for new and revitalized development, improvements, rehabilitation, and modernization of parcels in the North Brentwood Redevelopment Project Area. Eminent domain is necessary to remove impediments and to provide the assistance and incentives needed to stimulate private landowners, business tenants, or private investors to invest in the North Brentwood Redevelopment Project Area. Another element of this amendment for which eminent domain in North Brentwood may be necessary includes the relocation of businesses from Brentwood Boulevard to the Sunset area.

C. Description of Specific Proposed Projects

A list of proposed projects and programs for implementation in North Brentwood and the Sunset area are described below. These proposed projects and programs identify redevelopment implementation strategies and mechanisms for the purpose of eliminating blight and preventing further blighting influences. The sole purpose of adopting the Sunset area and implementing the proposed amendment is to improve or eliminate existing conditions of blight and prevent the continuing decline and stagnation within North Brentwood through public investment and the attraction of new private sector investment. 

Programs and activities proposed by the Agency are preliminary, with the actual timing and sequence to be developed at a later time. However, the emphasis and major components of the activities planned represent the Agency’s intended involvement in the elimination of blight and blighting influence found to exist in North Brentwood. As such, specific implementation strategies and programs are consistent with the current Five Year Implementation Plan as required by AB 1290. 

The overall intent of the Agency’s program is the removal of the blight and blighting influences identified in Section II in order to benefit the occupants of the area and to accomplish the integration of the area into the overall economic fabric of the community. It is believed that this betterment and integration will be realized when private investment and reinvestment occurs, and the provision of ancillary, regional, and community-based services in the area are rejuvenated.

1. Selective Land Assembly and Disposition Program

Typically, with all redevelopment project implementation programs, land assembly and disposition activities are essential to encourage new commercial development and housing within North Brentwood. Therefore a limited land assembly and disposition program has been included as part of the Agency’s proposed projects. Property acquisition by the Agency will be used as a means of eliminating buildings that are dilapidated and structures suffering from a variety of physical blighting problems. In instances where rehabilitation of deteriorated buildings is not economically feasible or is prohibitive by original construction methods and materials, the Agency can assist with redeveloping those properties to achieve proper utility.

Other physical blighting conditions which may be addressed through a land assembly program are defective design and character of physical construction, faulty or inadequate utilities, and elimination of incompatible and non-conforming uses. As discussed in Section II, North Brentwood contains parcels of irregular size and shape. The land assembly program is intended to assist with parcelization strategies in an effort to eliminate many of these small and/or irregularly formed and shaped parcels. The prevalence of undersized, although not expansive, and irregularly shaped parcels are detrimental and prohibitive to the expansion of existing uses and the construction of new development due to difficulties with assembling a site adequate to meet zoning requirements, construction and on site circulation standards as well as economic feasibility.

2. Site Preparation/Toxic Remediation Program

The site preparation program is designed to assist in the demolition and clearance of structures which cannot be rehabilitated due to extensive physical blighting problems. Such assistance could be done in conjunction with the Agency’s land assembly program. The site preparation program will assist in the elimination of a number of physical blighting characteristics, including defective design and character of physical construction and faulty or inadequate utilities.

In addition, the remediation of toxic waste problems could take place under this program. There are several vacant and existing gas stations, junk yards and auto repair facilities in North Brentwood. It is apparent that these uses have been operating in the Project Area for several years. These types of uses are inherently known to have toxic remediation issues. These include leaking underground tanks, oil and other fluids disposed directly into the ground over the years. For this reason, an allocation of costs and resources to remediate contaminated soil and underground storage tank removal shall be considered.

3. Relocation

A redevelopment agency must provide relocation assistance to protect business and residential owners and tenants when it acquires their property, or when their property is acquired by another entity, public or private, under an agreement with a redevelopment agency. This effort can only be accomplished for the existing industrial uses through the addition of the Sunset area into North Brentwood. 

4. Commercial Assistance Program 

The commercial assistance program could provide loans and grants to businesses in the Project Area. Rehabilitation loans and grants are aimed at improving and alleviating blighting conditions such as deteriorated and dilapidated commercial and industrial structures, façade improvements and upgrades to unsound structures. This program could be available to those business that are compatible and necessary along Brentwood Boulevard, yet have physical and economic blighting conditions.

As a means to address blighting characteristics, the Agency intends to implement a business assistance program. A major focus of the program will be on relocation and retention of existing businesses in the Sunset area and existing North Brentwood, and attracting new businesses to both areas.

An example of how the development assistance typically works is illustrated through the following example. The Agency enters into a Disposition and Development Agreement or an Owner Participation Agreement with a property owner or developer that requires the owner or developer to reconstruct or redevelop portions of the Project Area. In order to engender such development, the Agency could assist with off site improvements, relocation assistance, or provide other financial incentives to foster investment. To the extent this program is successful, the result will be the growth of property values, increased sales tax, available commercial services, and job creation.


The Agency also intends to implement a variety of programs designed to attract and retain existing businesses as a way to alleviate stagnant property values. Such programs may include business outreach programs, promotional programs in specific parts of the Project Area to attract businesses and create development activity, assistance to spur business incubation programs, and other programs of this nature.

5. Low and Moderate Income Housing

Redevelopment agencies are required to set aside 20 percent of the tax increment revenue into a special Low and Moderate Income Housing Fund. Revenues in this fund are to be used on increasing, improving, and preserving the supply of low and moderate income housing in their communities.

The Agency’s housing program may include but is not limited to the following types of programs for implementation in North Brentwood: residential rehabilitation loan program, subsidies for new housing construction program, construction of off-site improvements, and buyer assistance programs. 

6. Public Improvements

The Agency has identified a number of public improvements projects which will eliminate deficiencies in the existing infrastructure system and overcome the lack of adequate utilities which is currently prohibiting investment in the Project Area. Improving the public infrastructure system, adequate capacities for water flow and fire protection, wastewater disposal, and circulation and access will provide the underlying system to attract and encourage investment, revitalization and growth in North Brentwood. Proposed public improvement projects include: 

• Traffic circulation, roadway and improvements
• Traffic signal improvements
• Storm drain improvements
• Water and sewer improvements 
• Installation of other improvements, such as street trees, street lights, curbs, gutters and sidewalks
• Development of additional recreational facilities.

Each of these improvements in the Project Area are necessary, as documented in Section II of this Report, in order to improve conditions of both physical and economic blight found to exist in the community.

Traffic circulation, roadway widening, new roads and extensions, paving programs and improvements are critical to the travel patterns, safety, and accessibility in and through the Project Area and to accommodate trip and travel demands resulting from new development.

Traffic signal upgrades and improvements are also necessary to improve traffic safety conditions and traffic flows throughout the North Brentwood Redevelopment Project Area. 

Waterline and wastewater system improvements will serve areas with existing deficiencies and fire flow problems. These improvements represent a major infrastructure upgrade vitally necessary to accommodate future growth and investment in North Brentwood.

The installation of other improvements, such as street trees, street lights, curbs, gutters, and sidewalks will improve the appearance of the Project Area, provide a safer environmental, improve pedestrian circulation, improve the community’s image and help attract new businesses and residents to the area.

7. Other Redevelopment Activities

Other redevelopment activities may be necessary to improve and alleviate blighting conditions, facilitate rehabilitation and development or to otherwise carry out the Agency’s purposes in the Project Area. In addition, the Agency will have various administration and operational requirements associated with carrying out the above programs and activities. These will include program staff, conducting planning and other studies, and securing legal and other technical assistance.

D. Description of How These Projects will Improve or Alleviate the Blight Conditions Described Herein

Each of the Agency’s proposed projects is critical to improving the existing conditions of blight and eliminating further blighting influences. The Agency, through the implementation of redevelopment projects, will facilitate the initial investments necessary for attraction of private investment. Proposed projects by the Agency cannot occur by private investment or governmental agencies acting alone.

In addition to facilitating expansion and development of new businesses, the Agency’s land assembly efforts will directly confront some blighting conditions in North Brentwood. The negative effect of buildings suffering from deterioration, dilapidation and defective design can be removed; small and irregularly sized lots under multiple ownership can be acquired at market value prices; and vacant lots and buildings can be replaced or rehabilitated to house improved development conditions and increased utility. New businesses will create new jobs and preserve and upgrade existing jobs for Brentwood residents.

The site preparation program will result in the removal of the most physically blighted structures within North Brentwood. Site preparation, in conjunction with the land assembly program, will result in the reduction of such blighting conditions as defective design and faulty utilities. In addition, hazardous waste and toxic problems will be remediated.

The use of the development partnership program should alleviate the economic blighting condition of lack of necessary commercial facilities. In addition, this program should contribute to the growth in property values.

The public improvements program will ameliorate current traffic circulation problems within and through the Project Area, making both pedestrian and vehicular traffic safer and more efficient. Storm drain improvements will remove existing impediments to development of the Project Area. Waterline upgrades will supply the adequate flow necessary for typical commercial, retail, residential needs, and also provide sufficient fire flow for the aforementioned.

Improvements to and expansion of recreational facilities will provide an improved quality of life to existing Project Area residents. Improved quality of life standards will most likely act as a catalyst for increased private investment in the area.

SECTION II: DESCRIPTION OF PHYSICAL AND ECONOMIC BLIGHT CONDITIONS


A. Overview 

The purpose of this section is two-fold and provides an explanation of the fundamental reasons for adding the proposed Sunset area to North Brentwood. First, it reconfirms the findings of blight for several incompatible, non-conforming, and/or blighted businesses and buildings in North Brentwood located on Brentwood Boulevard between Sunset Road and the northerly boundary of North Brentwood.

Second, it establishes the link for the necessities to include the Sunset area within North Brentwood for the purpose of relocation in an effort to eliminate existing blighted conditions. Without amending the Sunset area into North Brentwood, effective redevelopment will not occur, and the retention and relocation of businesses necessary to eliminate blight in the City of Brentwood cannot reasonably be accomplished.

The CRL requirement for this plan amendment need not demonstrate that remaining blight within North Brentwood exists. However, since Section 33321 of the CRL is being implemented to add the Sunset area to North Brentwood, substantial justification for its inclusion is necessary. In order to establish this substantial justification, it is necessary to demonstrate that the proposed added area (Sunset area) is either blighted and/or necessary for effective redevelopment. The addition of the Sunset area is a key element in the redevelopment strategy to improve and alleviate existing blighted conditions found along Brentwood Boulevard within North Brentwood. The addition of the Sunset area is necessary for effective redevelopment and will be used predominantly for relocation of businesses within the identified areas of remaining blight in North Brentwood. The findings herein are consistent with CRL Sections 33030, 33031, and 33321.

The proposed Sunset area, which is the only area within the City’s General Plan to reasonably accommodate new industrial uses, could adversely be impacted due to the inability to attract private investment caused by the existence of blight within North Brentwood, as identified in this Section. In addition, the elimination of blighted conditions along Brentwood Boulevard could only occur if the businesses were relocated. Since the Sunset area is the only area consistent with the General Plan that provides vacant industrial urbanized land, it is necessary for the relocation of businesses in identified blighted areas of North Brentwood and provides for substantial justification for its inclusion to North Brentwood. 

The following provides an explanation of the qualifying conditions for finding that blight exists under the law and that the inclusion of the Sunset area is both necessary for effective redevelopment and will predominantly be used for relocation of businesses located within the identified remaining blighted area of North Brentwood. 

1. The definition of a blighted area is provided in CRL Section 33030 (b) (1) as follows:

· An area that is predominantly urbanized, as that term is defined in §33320.1, and is an area in which the combination of conditions set forth in § 33031 is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment.

2. An area that is characterized by the following under CRL Section 33030 (b) (2) as follows:

· One or more of the conditions set forth in any paragraph of subdivision (a) of § 33031 and one or more of the conditions set forth in any paragraph of subdivision (b) of § 33031.

· The condition described in paragraph (4) of subdivision (a) of § 33031 (parcels of irregular form, shape and size under multiple ownership).

· A blighted area also must be one that contains the conditions described in subdivision (b) and is, in addition, characterized by the existence of inadequate public improvements, parking facilities, or utilities.”

The CRL requires that the blighting conditions include one or more physical and one or more economic blighting conditions as defined in CRL § 33031. The one exception is the “existence of sub-divided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership.” The prevalence of this characteristic alone is cause to qualify an area as blighted.

3. CRL Section 33031(a) (1-4), defines Physical Blight as:

· Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors.

· Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or similar factors.

· Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of a project area.

· The existence of subdivided lots of irregular shape or form and inadequate size for proper usefulness and development that are in multiple ownership.

4. CRL Section 33031(b) (1-5), defines Economic Blight as:

· Depreciated or stagnant property values or impaired investments, including but not necessarily limited to those properties containing hazardous waste that require the use of agency of agency authority specified in Article 12.5 of the Community Redevelopment Law.

· Abnormally high business vacancies, abnormally low lease rates, high turnover 

· Rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities.

· A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions.

· Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults that has led to problems of public safety and welfare.

· A high crime rate that constitutes a serious threat to the public safety and welfare 

5. CRL Section 33321 states:

· A project area need not be restricted to buildings, improvements, or lands, which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A project area may include lands, buildings, or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part. Each such area included under this section shall be necessary for effective redevelopment and shall not be included for the purpose of obtaining the allocation of tax increment revenue from such area pursuant to Section 33670 without other substantial justification for its inclusion. 


B. Methodology for Determining Blight

The blighting definitions above translate into a four-part blight test. First, at least one qualifying physical and one qualifying economic condition must characterize the area. Second, the combination of these conditions must cause a reduction of, or lack of proper utilization of the area. Third, the lack of proper utilization must constitute a serious physical and economic burden on the community. Finally, when the burden cannot be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. A finding of blight does not have to be determined for every single parcel, but blighting conditions must predominate and affect the area as a whole, in order to qualify for a redevelopment project. 

Test 1: Determines if certain physical and economic conditions that cause blight exist. These conditions, listed above, are from CRL Section 33031 (a & b). At least one physical and one economic condition must exist. These conditions relate to health, safety, welfare, economic vitality, and the quality of life of an area.


Test 2: Determines if the physical and economic conditions combined are so substantial and prevalent that they lead to a lack of proper utilization of the area. For example, a lack of proper utilization (underutilized properties) can be indicated through conditions such as a high number of vacant buildings and parcels within an urban area, under utilization of key sites, long-term lack of investment, and low level of building activity.

Test 3: Determines if the existing physical and economic and lack of proper utilization represents a burden on the community. Community refers to both the City and County as public bodies responsible for providing basic urban services and the general public, which live and work in the community. These typically include a higher proportion of costs necessary to provide and maintain urban services, declining tax revenues generated from the area, a major employer or user has vacated or downsized operations, the area is an environmental liability for the community, retail sales are declining, and other similar factors.

Test 4: Determines if redevelopment is the last resort to solving an area’s problems. It is important to document and demonstrate the inability of the tenants, businesses, the City/County, other public agencies, and the existing property owners to rectify the problems through private and public investment without redevelopment. The powers and authorities of the CRL are intended only when other means of revitalization are unavailable or ineffective. The City/County are unable to fund the complete revitalization using sources other than redevelopment, and based on documented conditions in this report, the private sector is unwilling to invest on its own.

Blight cannot be eliminated without the relocation of businesses and the relocation of businesses cannot occur without the addition of the Sunset area.


C. Remaining Physical and Economic Blighting Conditions Found to Exist Along Brentwood Boulevard 

The focus of this part is to reconfirm the findings of physical and economic blight for several incompatible, non-conforming, and/or blighted businesses and buildings located in North Brentwood on Brentwood Boulevard between Sunset Road and the northerly Redevelopment Area boundary. 


Tables II-1 (Physical Blight) and II-2 (Economic Blight) include the definitions of the codes. The definitions are consistent with CRL Section 30331 (a & b).


Table II - 1
Physical Blight Definitions

Code Number Physical Blight Definition
1 Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors.
2 Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors.
3 Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area.
4 The existence of subdivided lots of irregular form, and shape and inadequate size for proper usefulness and development that are in multiple ownership.


Table II - 2
Economic Blight Definitions

Code Number Economic Blight Definition
1 Depreciated or stagnant property values or impaired investments, including but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority specified in Article 12.5 of the Community Redevelopment Law.
2 Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities.
3 A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions.
4 Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults that has led to problems of public safety and welfare.
5 A high crime rate that constitutes a serious threat to the public safety and welfare. 


Table II - 3
Summary of Documented Physical and Economic Blighting Conditions


Blighting Characteristics
Photo Plate No(s). Sites Address & Business APN Land UseDescription Physical BlightCode Economic BlightCode
1-3 7030 Brentwood Blvd.Los Mexicanos Market 016 010 016 GC 1, 2, 3, 4 1, 2
4 6917 Brentwood Blvd.Vacant 018 180 009 M 1, 2, 3, 4 1, 2, 3
5 6877 Brentwood Blvd.Pizzagoni Tow 018 180 020 O 2 3
6-8 6823 Brentwood Blvd.Brentwood Ready Mix 018 170 040 O 1, 2, 3 1, 2
9 6823 Brentwood Blvd Residence 018 170 040 O 1, 2, 3 1, 3
10 6845 Brentwood Blvd.Brentwood Decorative Rock 018 160 029 O 1, 2, 3, 4, 1, 2, 3 
11 6715 Brentwood Blvd.BJ’s Tow 018 160 036 O 1, 2, 3, 4 1
12 6655 Brentwood BlvdXRV 018 160 035 O 1, 2, 3, 4 1, 2, 3
13-15 6625 Brentwood BlvdDiablo Valley Glass 018 150 039 O 1, 2, 3, 4 1,2, 3
16 6571 Brentwood Blvd.Hardwood Floor (Log Cabin) 018 150 040 O 1, 2, 3, 4 1,2, 3
17 6569 Brentwood Blvd.Cooper Communications 018 150 040 O 1, 2, 3, 4 1, 3
18 6521 Brentwood Blvd.Residence – For lease 018 150 048 O 2, 3, 4 1,2, 3
19 6300 Brentwood Blvd. Hertado Used Cars 018 260 001 GC 1, 2, 3 1, 2
20 6600 Brentwood Blvd. Vacant 018 270 042 GC 3 1, 2

Notes:

1. Please refer to Table II-1 and II-2, Definitions for Physical and Economic Blight Conditions.

2. Land Use designations from Brentwood General Plan Update, 2001 as follows: 
GC – General Commercial; O – Professional Office; M – Medium Density Residential


D. Physical Blighting Conditions 

1. Building Conditions

Table II-3 above lists several properties/businesses along Brentwood Boulevard from north of Lone Tree Way to just south of Sunset. The table lists the correlating photo number, address, APN, and code numbers representing physical and economic blight characteristics present at each location. The identified area in North Brentwood is characterized by the existence of buildings in varying stages of deterioration, exhibiting defective design or construction, and or structural obsolescence. 

To assess the deteriorating conditions of the structures in North Brentwood, a field survey of the blighting conditions was conducted to rate the conditions of each building along Brentwood Boulevard. Each of the fourteen properties identified in Table II-3 were found to have deferred maintenance, in need of moderate to extensive rehabilitation, or exhibiting dilapidated conditions. These properties 

2. Incompatible and Non-Conforming Uses

As further justification of this amendment, additional focus has been placed on businesses that have been deemed incompatible or non-conforming (conditions of blight) in North Brentwood along Brentwood Boulevard between the northerly boundary south to Sunset Road. These businesses include a concrete batch plant, building materials yards, auto wrecking and tow yards, automotive repair garages, and building materials sales. 

Table II-4 below lists the Land Use Designations provided by the General Plan and whether or not they occur in North Brentwood or the proposed Sunset area. 



Table II - 4
Current Land Use Designations in the Existing in North Brentwood and Sunset Area


Found in Project Area
No. L.U. Code Land Use Designation ResidentialDensity Existing North Brentwood Added Area
RESIDENTIAL 
1 RE Ranchette Estate 0 - 1.1 du/ac X 
2 VL Very Low Density 1.1 - 3 du/ac X 
3 L Low Density 1.1 - 5 du/ac X 
4 M Medium Density 5.1 - 1 du/ac X 
5 H High Density 11.1 - 20 du/ac X 
6 VH Very High Density 20.1 - 30 du/ac 
COMMERCIAL 
7 GC General Commercial X 
8 RC Regional Commercial 
OFFICE 
9 O Professional Office X 
10 BP Mixed Use / Business Park X 
DOWNTOWN 
11 DT Downtown (Mixed Use) X 
INDUSTRIAL 
12 I Industrial X
PUBLIC LAND 
13 PF Public Facility X X
14 P Park X X
OTHER 
15 UR Urban Reserve 
16 AC Agricultural Conservation 
17 SPA Special Planning Area X 
18 OS Permanent Open Space 
19 SP Semi-Public 


The area identified as remaining blight along Brentwood Boulevard has several incompatible and non-conforming uses. These uses are light to heavy industrial businesses that are incompatible with surrounding residential land uses within North Brentwood. In addition, these uses are inconsistent with General Plan Land Use designations and zoning as evidenced by No. 12 in Table II-4. They are incompatible due to noise, dust, odor, and heavy truck traffic. The largest and most obvious of these is Brentwood Ready Mix Concrete, at 6823 Brentwood Boulevard. Relocation of these types of businesses is necessary for effective redevelopment and consistency with the City’s General Plan. 

Table II-5 below evidences inconsistency of the existing industrial land uses with the adopted General Plan Land Use designation and underlying zoning. 


Table II - 5:
Incompatible Light to Heavy Industrial Uses in Focus Area

No. Name of Business Address Land Use Des Zoning Des.
1 Brentwood Ready Mix 6823 Brentwood Blvd O CO
2 Brentwood Decorative Rock 6845 Brentwood Blvd O CO
3 Pizzagoni’s Tow 6877 Brentwood Blvd O CO
4 Delta Fence 6901 Brentwood Blvd O CO
5 BJ’s Tow 6715 Brentwood Blvd O C-1
6 XRV 6655 Brentwood Blvd O CO
7 24 Hour Tow 6337 Brentwood Blvd GC C-1
O – Office GC – General Commercial
CO – Administrative Professional Office Zone
C-1 – Neighborhood Commercial Zone


In addition to the above listed incompatible and non-conforming land uses, each of these properties have physical blight characteristics that include obsolete buildings which suffer from deferred maintenance, defective design or construction and, in some cases, have unreinforced masonry construction. 

3. Factors Preventing Economically Viable Use or Capacity of Buildings or Lots

The existing conditions along Brentwood Boulevard, the existing non-conforming or incompatible land uses, the obsolete or non-existent site improvements from lot to lot, obsolete and undersized buildings, and small lot sizes are preventing the economically viable use and/or capacity of lots. The properties listed in Table II-3 all share one or more of the above characteristics.

4. Lots of Irregular Shape and Inadequate Size under Multiple Ownership

In addition to the above findings of physical blight, there are several lots of irregular shape, inadequate size and under multiple ownership. More than half the properties identified in Table II-3 exhibit qualities of irregular form and shape, inadequate size and under multiple ownership.

As noted above, small lot size is a physical factor limiting the economic viability of some of these commercial properties. The Brentwood Zoning Code lists the following minimum lot sizes for the properties in the North Brentwood Redevelopment Area:

• Single Family Residential R-1-6 – minimum lot size 6000 square feet
• Neighborhood Commercial (C-1) – 5-10 acre lot size
• General Commercial (C-2) – minimum lot size 7,500 square feet
• Thoroughfare Commercial (C-3) - minimum lot size 1 acre (or 20,000 s.f. as approved).

The following photographs provide identification of the physical blight existing within the North Brentwood Redevelopment Project Area. The photo plate numbers are cross-referenced in Table II-3.



Photo Plate 1: 7030 Brentwood Boulevard (1) – Los Mexicanos Market




Photo Plate 2: 7030 Brentwood Boulevard– Los Mexicanos Market (2)


Photo Plate 3: 7030 Brentwood Boulevard – Los Mexicanos Market (3)




Photo Plate 4: 6917 Brentwood Boulevard – Vacant area, vehicle and trailer storage.




Photo Plate 5: 6877 Brentwood Boulevard – Pizzagoni Tow 




Photo Plate 6: 6823 Brentwood Boulevard – Brentwood Ready Mix (1)



Photo Plate 7: 6823 Brentwood Boulevard – Brentwood Ready Mix (2)




Photo Plate 8: 6823 Brentwood Boulevard - Brentwood Ready Mix (3)




Photo Plate 9: Brentwood Boulevard - Residence (adjacent to Brentwood Ready Mix)




Photo Plate 10: 6845 Brentwood Boulevard – Brentwood Decorative Rock




Plate 11: 6715 Brentwood Boulevard – BJ’s Tow




Plate 12: 6655 Brentwood Boulevard - XRV



Plate 13: 6625 Brentwood Boulevard (& Sunrise) – Diablo Valley Glass (1)




Photo Plate 14: 6625 Brentwood Boulevard (& Sunrise) – Diablo Valley Glass (2)




Photo Plate 15: 6625 Brentwood Boulevard (& Sunrise) – Diablo Valley Glass (3)


Photo Plate 16: 6571 Brentwood Boulevard – Log Cabin Carpets





Photo Plate 17: 6589 Brentwood Boulevard - Cooper Communications




Photo Plate 18: 6521 Brentwood Boulevard – Residence / Commercial lease space


Plate 19: 6300 Brentwood Boulevard – Hertado Used Cars / auto repair










Plate 20: Southeast corner of Lone Tree Way / Brentwood Boulevard – Vacant, Big B to the south.



E. Economic Blighting Conditions

1. Depreciation or Stagnant Property Values or Impaired Investments

The lack of new private sector investment and the presence of depreciated values reflect a level of economic maladjustment that can only be solved with a comprehensive effort through the application of redevelopment resources.

The cumulative effect of the specific blighting conditions described herein is the severe underutilization of this area’s land resources and impaired investment due to, in part but not limited to, conditions of physical blight. This, of course, constitutes serious physical, social, and economic burden on the community in several aspects. First and foremost, the blighting conditions and underutilization of land make the area a less attractive, safe, and productive place for residents to live and work, and for property owners to invest. Second, the ongoing underutilization prevents the achievement of the goals in the North Brentwood Redevelopment Plan and lacks consistency with the General Plan. Finally, underutilization of this commercial corridor creates a fiscal liability for the City that must continue to provide normal services to the project area while receiving stifled tax revenue.

Table II-6 presents the growth in assessed value of properties located within the area of North Brentwood where significant blighting conditions remain versus the City of Brentwood as a whole. As the table indicates, the area of remaining blight has suffered decreases and stagnation with an average growth rate of -0.61% over an eight-year period. Interestingly, this period was one of the most prosperous for the City and region in history. However, due to lack of investment and conditions described in this section, the area along Brentwood Boulevard has suffered. 

Table II - 6
Assessed Value Trends


The following chart presents a graphical comparison of assessed value trends in the area along Brentwood Boulevard versus the City as a whole.


Chart II - 1
Assessed Value Trends



Analysis for the Proposed Sunset Area

The proposed Sunset area (added area) includes vacant land zoned for industrial uses. The lack of investment within North Brentwood and the proposed Sunset area, as a result of the blighted conditions existing within North Brentwood, prompted the City to implement economic development implementation strategies. This included the purchase of land within the Sunset area contiguous to the eastern boundary of North Brentwood. The objective for this land purchase by the City was to create an industrial park, whereby relocation of incompatible industrial uses from Brentwood Boulevard in North Brentwood could be accomplished. Through redevelopment, the City could retain these businesses by locating them in an appropriate location (Sunset area) consistent with the General Plan. The relocation of these businesses will then allow for redevelopment and reinvestment to occur along Brentwood Boulevard within North Brentwood. Unfortunately, the City’s vision cannot feasibly occur with the resources of the City or of private entities acting alone. Through tax increment financing and other tools afforded through the implementation of redevelopment, the Sunset area can serve as the primary and key element in the Agency’s redevelopment planning efforts to foster effective redevelopment as a result of the City and the private sector working together. 

The existence of the remaining blighted conditions and the inability to feasibly implement further redevelopment impact North Brentwood as well as the Sunset area. There have been some improved parcels in North Brentwood on the east side of Brentwood Boulevard, which have been relieved of their physical blight characteristics. However, the various conditions of blight that remain demonstrate the inability and the impairment of the private sector alone to alleviate these adverse conditions without redevelopment assistance. Therefore, redevelopment assistance is needed as a catalyst to increase the effectiveness of those limited private and public resources available for the elimination of blight in North Brentwood.

To alleviate these blighting conditions, two primary objectives must be accomplished. First, identification and development of adequate sites to accommodate relocation of incompatible existing industrial uses along Brentwood Boulevard must be implemented. The site for relocation has been accomplished through the City’s acquisition of land in the Sunset area, but the relocation of these businesses cannot occur without the amendment of the Sunset area into North Brentwood. Secondly, infrastructure improvements in the Sunset area including street widening, paving, construction of curb, gutter, and sidewalk, storm drain improvements, water and sewer improvements, and undergrounding the overhead utilities are necessary to accommodate the relocation and attract additional users. 

As stated, the typical businesses located along the a portion of Brentwood Boulevard are industrial, auto oriented (sales, service), junkyards, heavy construction services and building materials sales. Retention of these businesses is important to the City of Brentwood. However, they are currently non-conforming with the land use and zoning designations applied to the properties and incompatible with surrounding adjacent residential uses. The Agency intends to aid the relocation of these businesses to the Sunset area through the use of redevelopment. 

Currently, the City of Brentwood occupies one building for storage purposes in the Sunset area. Other uses include baseball/softball fields, a solid waste transfer station and wastewater treatment plant. Table II-7 provides parcel and land use information for each parcel within the Sunset area.



Table II - 7
Parcel Information for Properties within the Sunset Area

Lot Assessors Parcel Number (APN) Property Owner Lot Size(approx.) Land Use Description
1 018-200-002 City of Brentwood 26.4 ac P, PF
2 018-200-008 City of Brentwood 40.4 ac I
3 018-220-003 City of Brentwood 9.8 ac PF,
4 018-220-004 City of Brentwood 26.8 ac PF
5 018-230-030 City of Brentwood 21.1 ac PF
6 018-240-006 City of Brentwood 2.9 ac P
7 018-310-019 City of Brentwood 9.6 ac PF
8 TOTALS 137.0 ac 
Sources: Contra Costa County Assessors Office and McGill Martin Self, Inc.
P – Park PF – Public Facility I – Industrial


The Sunset area includes sufficient undeveloped land that provides premium locations for the relocated industrial uses. This property is proposed for inclusion into North Brentwood because of its relocation capacity and is necessary for effective redevelopment of North Brentwood.

G. Predominantly Urbanized

CRL Section 33030(b) requires that a Project Area be a “predominantly urbanized area”. Predominantly urbanized is defined in Section 33320.1 as an area in which not less than 80% of the property: 1) has been or is developed for urban uses, 2) is characterized by the existence of lots of irregular form and shape, are of inadequate size for proper development, in multiple ownership, laid out in disregard for topographic or physical conditions, or 3) is an integral part of an area developed for urban uses.

Under the law, the description of urbanization shall include at least the following information:

1. The total number of acres within the project area.

2. The total number of acres in the project area characterized by the conditions described in CRL Section 33031 regarding existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. 

3. The total number of acres that is an integral part of an area developed for urban uses.

4. The percent of property within the Project Area that is predominantly urbanized.

5. A map of the Project Area that identifies the property in Statements 2 and 3 above.

As detailed in the urbanization analysis developed for the existing Brentwood and North Brentwood Redevelopment Plans, the merged areas total approximately 1,319 acres (existing and proposed) with 100% of the area urbanized. There are approximately 68 acres of vacant land in the Sunset area (including the proposed Sunset Industrial Park). These vacant parcels meet the test of being developed for urban uses (uses which are consistent with zoning or otherwise permitted by law) in terms of land use, zoning, access, and utilization. In addition, these vacant urbanized parcels are an integral part of one or more areas developed for urban use which are surrounded or substantially surrounded by parcels which have been or are developed for urban use. 

Historically, the Sunset area at one time was used for agricultural purposes but has not been used as such for many years. A portion of the Sunset area is zoned for public facility uses, and the City has operated a wastewater treatment plant on the property since the 1940’s and a solid waste plant for more than seven years. Another portion of the Sunset area, identified for the industrial subdivision known as Sunset Industrial Park, was previously zoned residential for more than 10 years, and the City rezoned the land for industrial uses. Refer to Table II-7 for existing land use and zoning designations.

Table II-8 shows the area in square feet and acres of the Brentwood and North Brentwood Redevelopment Areas and the proposed Added Area.


Table II - 8
Project Area Size in Acres and Square Feet

BrentwoodRedevelopmentArea North Brentwood Redevelopment Area Proposed Added Area Total
Square feet 16,160,760 35,283,600 6,011,280 57,455,640
Acres 371 810 138 1,319

Source: Brentwood Redevelopment Plan and North Brentwood Redevelopment Plan



SECTION III. IMPLEMENTATION PLAN DESCRIBING SPECIFIC GOALS, OBJECTIVES AND PROJECTS, INCLUDING A PROGRAM OF ACTIONS AND EXPENDITURES FOR THE FIRST FIVE YEARS AND DESCRIPTION OF HOW THE PROJECTS WILL ALLEVIATE THE BLIGHTING CONDITIONS


Section 33352(c) of the Community Redevelopment Law requires this Report to contain an implementation plan that describes specific goals and objectives of the Agency, specific projects being proposed by the Agency, including a program of actions proposed to be made within the first five years of a redevelopment plan, and a description of how these projects will improve or alleviate the blight conditions described in the project area. Section 33457.1 of the CRL provides that “to the extent warranted” by the proposed amendment to a redevelopment plan, the reports and information required by Section 33352 shall be prepared. 

Because this is an amendment to existing redevelopment plans, there is an existing Five-Year Implementation Plan for the Merged Brentwood and North Brentwood Redevelopment Projects (2000-2004) (the “Implementation Plan”), which was adopted in March 2000. The existing Implementation Plan is incorporated herein by reference and is available for review at the offices of the Redevelopment Agency, 150 City Park Way, Brentwood, California. 

The primary purpose of adopting the Sunset area and implementing the proposed amendment is to eliminate existing conditions of blight and prevent the continuing decline and stagnation within the North Brentwood area through public investment and the attraction of new private sector investment. The redevelopment activities contemplated under the proposed redevelopment plan and as identified in the Implementation Plan includes similar projects and programs for blight elimination in the North Brentwood area. Specifically, the Implementation Plan identifies the following goals and objectives:

1. Eliminate the conditions of blight existing in the Project Areas and insure, to the extent possible, that the causes of blighting conditions in the Project Areas will be either eliminated or prevented. 

2. To encourage expansion of local commercial and industrial opportunities, which will allow the Agency the greatest return on its investment and maximize the leveraging of tax increment.

3. Provide needed public improvements: revitalize the Project Areas through installation of public improvements, including streets, curbs, gutters, sidewalks, utility undergrounding, landscaping, sewer, water and storm drain systems and bring area infrastructure into compliance with Federal and State laws.

4. Facilitate private investment: promote private investment in the Project Areas by construction of public improvements and by targeted assistance to specific property owners and potential developers of new and rehabilitated properties.

5. Improve urban structure: facilitate infill development along the Brentwood Boulevard (Highway 4) Corridor.


The Implementation Plan identifies the following projects and programs to satisfy the above goals and objectives:

1. Participate in facilitating new industrial development and programs to provide various incentives for business retention and expansion, as well as provide assistance with land assembly, site preparation, and offsite improvements, and relocation assistance to existing property owners and tenants.

2. Commercial Development Program to encourage commercial infill development within the Project Areas by providing incentives to encourage businesses to locate into the Project Areas. These incentives may include assistance with the City’s facilities fees and the provision of required public infrastructure. The Agency may also enter into owner participation agreements and other similar agreements that provide various incentives for commercial development expansion.

3. Business Assistance Program may provide loans and grants to businesses in the Program Areas to encourage and assist in restoring, modernizing and improving the facades of commercial and industrial structures, including assistance to rehabilitate unreinforced masonry buildings. 

4. Public Improvements and Facilities Program will continue the construction and installation of public improvements to upgrade the existing aged and deteriorated infrastructure systems to assist occupants of the Project Areas and to augment and support private sector development efforts. Improvement of the public infrastructure system will provide an environment to accommodate private investment and complement revitalization and growth in the Project Areas.

5. Business Attraction and Retention Programs, such as outreach programs and promotional programs for businesses, shall solicit new businesses to locate within the boundaries of the Project Areas and encourage and assist in the retention of existing businesses that are assets to the City of Brentwood. 

The emphasis and major components of the proposed activities, projects and programs in the amendment are consistent with the existing goals and objectives, programs and projects as identified in the Implementation Plan 2000-2004. As such, no amendment to the Implementation Plan is required. A description of these specific proposed programs and projects and how these activities will improve or alleviate blight conditions in North Brentwood is contained in Section I of this Report.


SECTION IV: EXPLANATION OF WHY THE ELIMINATION OF BLIGHT AND THE REDEVELOPMENT OF THE PROJECT AREA CANNOT REASONABLY BE EXPECTED TO BE ACCOMPLISHED BY PRIVATE ENTERPRISE ACTING ALONE OR BY THE CITY’S USE OF FINANCING ALTERNATIVES OTHER THAN TAX INCREMENT FINANCING


Section 33352(d) of the Health and Safety Code requires “an explanation of why the elimination of blight and redevelopment of the project area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the legislative body’s use of financing alternatives other than tax increment financing.” The reasons why the elimination of blight and redevelopment of North Brentwood cannot be reasonably expected to be accomplished by private enterprise acting alone is discussed in Section II of this Report. The reasons why the elimination of blight and redevelopment of North Brentwood cannot be reasonably expected to be accomplished by the City Council’s use of financing alternatives other than tax increment financing is discussed in Section V of this Report.


Section V. Proposed Method of Financing Redevelopment and Assessment of Economic Feasibility

As described in detail in Section II of this Report, North Brentwood is a blighted area suffering from problems that cannot be remedied without adding the Sunset area, or by private enterprise acting on its own, or in conjunction with government, without redevelopment. The Agency therefore proposes that the redevelopment process be used to alleviate these conditions and to provide an appropriate environment in which relocation and revitalization can occur. The proposed redevelopment activities will help facilitate full utilization of property and enhance the economic revitalization of North Brentwood, the Sunset area and the region as a whole. For purposes of this section, North Brentwood and the Sunset area are referred to as the “Project Area.”

This Section provides cost estimates for the proposed redevelopment activities in the Sunset area, and discusses potential resources and methods of financing available to the Agency. It also provides an analysis of economic feasibility associated with the amendment to add the Sunset area.

Overall project feasibility of adding the Sunset area is evaluated based on the anticipated tax increment cash flow (Table V-4) which analyzes the tax increment revenue stream over time, based on likely timing of activities and revenues, and taking into account inflationary increases. The tax increment revenue analyzed in Table V-4 is then computed on a present value basis to determine if sufficient revenue exists to fund identified project costs associated with the Sunset area. Table V-2 provides a bond debt analysis to determine if net proceeds as a result of bonded indebtedness are sufficient to cover costs.

A. Estimated Costs of the Redevelopment Program

Redevelopment of the Project Area will require significant participation from the Agency. This participation will involve various activities and programs afforded by the Agency for the purpose of alleviating blighted conditions. Proposed programs related to the added Sunset area to alleviate blight include: 

· Sunset Industrial Park improvements

· Concrete batch plant relocation to Sunset Industrial Park

· Other business relocation efforts to the Sunset Area and business retention assistance programs (both development assistance and business attraction and retention programs).

The total cost estimates for these programs are summarized in Table V-1 (in 2001 dollars), and have been utilized in the cash flow analysis of project feasibility discussed later in this chapter. Table V-1 includes net project costs to the Sunset area with offsets dedicated to the project from sources other than tax increment excluded.



1. Sunset Industrial Park Improvements. 

Infrastructure improvements including, but not limited to, installation of roadway, curbs, sidewalks, gutters, street lights, landscaping, storm drain, parcel grading and compaction, undergrounding overhead utilities, and water and sewer services, are needed for the 9-lot Sunset Industrial Park subdivision. Such improvements are necessary to complete the industrial subdivision to accommodate the relocation of existing non-conforming and incompatible uses along Brentwood Boulevard and to attract additional users. 

2. Concrete Batch Plant Relocation to Sunset Industrial Park.

The existing concrete batch plant on Brentwood Boulevard is a heavy industrial land use. It is currently a non-conforming and incompatible use at its present location. The Redevelopment Agency’s efforts to facilitate the relocation of the concrete batch plant will create economic stimulation within the North Brentwood Redevelopment Area as well as the Sunset area and provide for commercially synergistic uses that will complement the community activities in both areas. 

3. Other Business relocation efforts to the Sunset Area and Business Retention. 

The Redevelopment Agency is prepared to consider providing the assistance and incentives needed to stimulate business owners to relocate and/or invest in the Sunset area. Such assistance may come in the form of relocation assistance, reimbursement or deferred fee agreements for the cost of government fees, or other incentives to foster investment and business attraction and retention.



B. Total Project Costs Summary

Table V-1 summarizes the proposed $5.72 million of estimated project costs, inclusive of all proposed capital improvement costs that can reasonably be afforded by the Agency. As a result of the tax increment analysis and debt analysis, the bonding capacity to the Agency is $7.52 million as presented in Table V-4. Net proceeds to fund projects based on a current bond market term of 25 years at 6% interest and after cost of issuance, reserves, and coverage requirements are achieved, is estimated at $5.80 million providing for a feasible redevelopment project. This analysis is presented in Table V-2.





Table V-1
Estimated Project Costs






Table V-2
Bond Debt Analysis






C. Project Resources

1. General Financing Methods Available to the Agency

The proposed amendment to add the Sunset area authorizes the Agency to finance the Project using a variety of sources, including, financial assistance from other local public entities, the State of California or federal government, tax increment revenues, special assessment or Mello Roos districts, interest income, Agency bonds, donations, loans from private lending institutions, the lease or sale of Agency-owned property, or any other available public or private sources.




The Agency is also authorized to obtain advances, borrow funds and create indebtedness in carrying out the Redevelopment Plan. The principal and interest on such advances, funds and indebtedness may be paid from tax increment or any other funds available to the Agency. 

The following sections discuss some of the principal revenue sources and their limitations available to the Agency, other than tax increment.

a. Loans, Grants, and Contributions from the City of Brentwood, Contra Costa County, State and Federal Agencies

It is anticipated that grant and loan funding from federal and state agencies will be pursued for funding of land acquisition, public improvements and operating costs. Some of the grant and loan funding sources considered in this analysis include: Community Development Block Grants, Office of Emergency Services, and the State of California Infrastructure and Economic Development Bank Loan Guarantee program.

Community Development Block Grant (CDBG): This program, sponsored by the US Department of Housing and Urban Development and the State Housing and Community Development Department. The program has provided a source of revenue for redevelopment and low and moderate housing programs throughout California since its inception in 1974. Subject to various restrictions, CDBG funds can be used to fund public infrastructure, façade improvements and rehabilitation programs, planning and technical assistance and revolving loan programs.

Office of Emergency Services (OES): OES funding may be available for infrastructure improvements in the Project Area to correct environmental health and safety problems. such as drainage improvements for flood control and potentially retrofitting seismically unsound buildings.

State of California Infrastructure and Economic Development Bank Loan Guarantee program: This program is available through a competitive application process for funding of capital improvements for economic development purposes. The pledge of tax increment revenues is a typical source of repayment for this program. The benefit is the term and rate of the loan program. The most recent loans have been granted at an interest rate between 3.5 and 4.0 percent. Funding typically requires projects to commence construction within eighteen months of funding.


b. Assessment Districts

Assessment districts have traditionally been used as a funding source for various public improvements. However, since the adoption of Proposition 218, there are strict conditions on all new assessments, which may disqualify some of the proposed improvements from funding under an assessment district. Local governments must now estimate the amount of special benefit (as distinguished from general benefit) landowners receive from the improvements. Property owners may be charged only for the cost of this special benefit. No property owner's assessment may be greater than the cost to provide the improvement to the owner's property. 

c. Community Facilities Districts

The Community Facilities Act of 1982 (Government Code Sections 53322 et. seq.) provides an alternative method of financing certain capital facilities and services, especially in developing areas. The procedure for establishing a Mello Roos district is not simple, and requires a two-thirds vote by the affected property owners. The District is then empowered to charge an annual special tax and issue bonds (if necessary) to finance the public facilities or services. 

d. Developer Participation

In many communities, developer participation is becoming an increasingly common means for funding redevelopment. For example, a developer may advance funds to North Brentwood or the added Sunset area in the form of a grant or loan to be repaid during the course of project implementation from tax increment revenues. While developer participation provides a potential funding source (particularly in the early years, when tax increment revenues are limited), no developer advances have been incorporated into the Project cash flow, due to the uncertainty of projecting such advances at this time. 

e. Developer Fees

The City of Brentwood currently charges fees for building permit processing, administration and for other similar activities. These fees are levied to recover the cost of such processing and are not anticipated to provide a means of assisting the financing of redevelopment or other activities. Fees will be levied pursuant to current fees schedules adopted by the City of Brentwood for future industrial and commercial development within the added Sunset area. 

2. Tax Increment Revenue

a. Reasons for Including Tax Increment Financing in the 
Proposed Redevelopment Plan

A redevelopment program, in addition to providing a proven method of revitalization and securing desired developments in locations otherwise not attractive to the private sector, also provides a financing tool in tax increment revenues. The Agency must look to and rely upon this source of funding as the primary means of solving the Project Area's problems. As discussed in the previous section, the Agency will consider alternative sources of funding available to finance project improvements in addition to the use of tax increment revenues. 

In the case of the Agency, without the inclusion of the Sunset area and the use of tax increment funding, redevelopment efforts including relocation, capital improvements and services could not occur resulting in further impediments to alleviate blight. In the case of other public entities (e.g., state and federal funding programs), available funding is limited and often requires matching funds from the local sponsoring agency. In the case of the private market, once the investment return on a property is reduced below a rate comparable to alternative investments, the economic feasibility of developing the given property is jeopardized. This has been demonstrated in Section II of this Report through the stagnated property values within the area of North Brentwood. For these reasons, in addition to the limitations discussed above for alternative funding sources, the use of tax increment revenues is necessary to resolve the significant blight problems in the Project Area.

b. Tax Increment Use Limitation and Requirements

California Redevelopment Law (CRL) requires a redevelopment plan that includes the use of tax increment to include specific time limits on the receipt of tax increment. The added Sunset area includes the following limits:

1. A time limit of 20 years from the date of adoption on the establishment of loans, advances of indebtedness to be paid with the proceeds of tax increment. (However, this time limit does not apply to debts to be paid from the Agency's Housing Fund or debts incurred to meet the replacement housing and Project Area housing production requirements pursuant to Section 33413).

2. A time limit of 30 years from the date of adoption of the Plan to complete redevelopment activities. Once the limit is reached, except for statutory extensions, the Agency has no authority to take actions under the plan except to pay previously incurred debt and to enforce existing contracts. (However, this time limit does not prevent the Agency from undertaking activities necessary to meet its replacement housing or housing production obligations pursuant to Section 33413).

3. A time limit of 45 years from adoption of the Plan to receive and use tax increment revenue and to repay indebtedness, except for statutory extensions.


D. Tax-Sharing Payments to Affected Taxing Entities

California Redevelopment Law also requires the Agency to provide mandatory tax sharing payments to the affected taxing entities from its annual allocation of tax increment revenues. The payments are intended to alleviate any financial burden that the affected taxing entities may incur resulting from the adoption of the Plan. The total present value of tax-sharing payments to affected taxing entities is estimated at approximately $7.09 million, as shown in Table V-3. The payments to the affected taxing entities are based on the following formula:

1. Commencing with the first fiscal year in which the Agency receives tax increment and continuing through the last fiscal year in which the Agency receives tax increments, the Agency shall pay to the affected taxing entities an amount equal to 25 percent of the tax increment received by the Agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted (Level 1).

2. Commencing with the 11th fiscal year in which the Agency receives tax increments and continuing through the last fiscal year in which the Agency receives tax increments, the Agency shall pay to the affected taxing entities, in addition to the amounts paid pursuant to Level 1 and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 21 percent of tax increments received by the Agency, using the assessed value in year ten as the first adjustment. (Level 2).

3. Commencing with the 31st year in which the Agency receives tax increments and continuing through the last fiscal year in which the Agency receives tax increment, the Agency shall pay to the affected taxing entities, in addition to the amounts paid pursuant to Level 1 and Level 2 above, and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 14 percent of tax increments received by the Agency, using the assessed value in year 30 as the second adjustment. (Level 3)

E. Tax Increment Revenue Projections

When a redevelopment plan is adopted, the assessed value of all the taxable property in the Project Area is frozen, and the computation of tax increment revenue is based on increases in the assessed value above this frozen or Base Year assessed value. Annual increases in assessed valuation are a function of three variables: 1) annual inflationary adjustments (limited to a maximum of 2 percent per year, as allowed by Article XIIIA of the California Constitution); 2) reassessment adjustments (when a property is sold or improved); and 3) new construction in the Project Area.

Table V-4 summarizes the projected tax increment revenues in the Sunset area, which could be realized over the 45-year period. These projections reflect the estimated potential revenue available to the Agency over a 45-year period, as well as the potential revenue to the Housing Fund and tax-sharing payments.

The timing of business relocations and new development is predicated on the timing of public improvements in the Sunset area. As a conservative projection, the land will be ready to accommodate businesses within two years and buildout will occur within seven years although events could occur sooner.

The resultant present value tax revenues are presented in the Table V-3 for the net revenue to the Agency, Housing Fund and Pass Throughs to other taxing entities. 


Table V-3
Net Present Values




It should be noted that tax increment revenue projections are based on the current assessment and revenue allocation practices of Contra Costa County which are subject to policy and legislative changes. The 2001/2002 Base Value as identified in the County’s Fiscal Officer’s Report dated March 26, 2002, was used in the tax increment and feasibility analysis. Moreover, to the extent development does not occur based on the scope and schedule assumed in this analysis, the tax increment revenues could be different than those shown. However, the level and timing of development assumed in this analysis is considered reasonable and appropriate. 

F. Proposed Financing Method and Economic Feasibly of the Project 

In order to evaluate project feasibility, an analysis of the tax increment revenue stream was developed. The present value of this tax increment stream was computed to determine if the revenue stream is sufficient to finance allocated costs. This projection should be viewed as only one example of how the Agency might finance its redevelopment program for the Sunset area under existing redevelopment law. While it is based on reasonable and appropriate assumptions, given current market conditions, it does not allow for unforeseen events such as inflation or bond interest rates substantially in excess of current rates. To the extent that external factors such as these impact the Agency’s ability to implement the program, the actual sequence of implementation will be different than is assumed in the cash flow.

The analysis, presented in Table V-4, demonstrates that the Project is feasible (i.e., revenues cover costs), assuming net tax increment (gross tax increment less Housing Fund and Pass Throughs) generated by the Project is responsible for $7.52 million of net tax increment proceeds for bonded indebtedness.

As discussed previously, it is assumed that the Agency will consider and pursue all legally permissible funding sources. However, the primary source of revenue for the Project will be tax increment revenues. Due to the 20-year time limit on incurring debt, it is further assumed that the Agency could issue tax allocation bonds in series and could issue the last series in year 20 of the Project. The bond issue in year 20 could be sized from projected tax increment revenues in year 23, for example. 

The tax increment analysis demonstrates that the Agency will be able to finance all redevelopment activities within the time limits established by the CRL. It can therefore be concluded that the Project is economically feasible, based upon the underlying assumptions utilized in the analysis. However, it should be stressed that the analysis assumes future funding sources could be identified and available to cover potential funding shortfalls (if any) associated with the Project. As mentioned previously, some of these funding sources might include state and federal funding, developer participation and special assessment district or Mello Roos funding, while also recognizing the limitations of these funding sources.




Table V-4
Tax Increment Analysis



Table V-4 (cont.)
Tax Increment Analysis 









Section VI. A Method for the Relocation of Families and Persons to be temporarily or permanently displaced from Housing Facilities in the Project Area


Section 33352(f) of the Community Redevelopment Law requires this Report to contain a "method or plan" for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the added area. This shall include the provision that no persons or families of low or moderate income shall be displaced, unless and until there is a suitable housing unit available, and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. 

This is the Agency's general method or plan for relocation in the event any displacement should occur as a result of the Agency's redevelopment activities. This is not intended to be a specific project "Relocation Plan" within the meaning of Section 6038 of the Relocation Assistance and Real Property Acquisition Guidelines (California Code of Regulations, Division 1 of Title 25, commonly called the "State Relocation Guidelines"). As described below, a Section 6038 Relocation Plan is not prepared until an agency initiates negotiations for the acquisition or development of real property, and prior to proceeding with any phase of a public improvement or facility project or other implementation activity that would result in displacement of a residential occupant or a significant amount of non-residential occupants.

Existing uses in the Sunset area include the City’s wastewater treatment plant, solid waste transfer station, and a sports complex. Proposed, additional uses include the City’s corporation yard, an improved and advanced wastewater treatment plant, and a 28± acre, 9-lot industrial subdivision. Currently, there are no residential uses in the Sunset area and the proposed amendment and land uses do not provide or allow for residential uses. As such, there are no residents that will be temporarily or permanently displaced from housing facilities in the Sunset area.

At the time of adoption of the North Brentwood Redevelopment Plan in 1991, a general method or plan for relocation was approved for the Project. Although the Agency’s existing general method or plan for relocation would apply to the entire Project Area (including the Sunset area if the proposed amendment is adopted), since the Agency’s general method or plan for relocation is more than ten years old and there have been changes in relocation laws and guidelines since 1991, this Report includes an updated general method or plan for relocation.

A. Relocation in the Event of Agency Displacement

If displacement is caused by the Agency, the Agency will provide persons, families, and businesses with relocation payments and assistance in accordance with the Redevelopment Plan, the California Relocation Assistance Low (Government Code Section 7260 et seq.) California Relocation Guidelines (collectively, hereinafter referred to as the "State Relocation Laws"), as generally described in this Section VI.


B. Rules and Regulations

The Agency adopted the State Relocation Guidelines as the Agency's Relocation Rules and Regulations by Resolution No. 91-7 on April 23, 1991.


C. Agency Determinations and Assurances

The Agency may not proceed with any phase of a project or other activity, which will result in the displacement of any person or business until it makes the following determinations:

1. Fair and reasonable relocation payments will be provided to eligible persons as required by the State Relocation Guidelines.

2. A relocation assistance advisory program offering the services described in Article 2 of the State Relocation Guidelines will be established.

3. Eligible persons will be adequately informed of the assistance, benefits, policies, practices, and procedures, including grievance procedures, provided for in the State Relocation Guidelines.

4. Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing, and considering competing demands for that housing, comparable replacement dwellings will be available, or provided if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them.

5. Adequate provisions have been made to provide orderly, timely and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected.

6. If a resident or a significant number of businesses will be displaced as a result of an Agency project, a specific Relocation Plan meeting the requirements of Section 6038 of the State Relocation Guidelines has been prepared.


D. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing

The Agency shall implement a relocation assistance advisory program, which satisfies the requirements of the State Relocation Laws and the Civil Rights Act. This program shall be administered so as to provide advisory services which offer maximum assistance to minimize that hardship of displacement and to ensure that (a) all persons and families displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing contained in the State Relocation Guidelines, and (b) all persons displaced from their places of business are assisted in reestablishing with a minimum of delay and loss of earnings. No eligible person shall be required to move from his/her dwelling unless within a reasonable period of time prior to displacement a comparable replacement dwelling or, in the case of a temporary move, an adequate replacement dwelling is available to such person.

The following outlines the general functions of the Agency in providing relocation assistance advisory services. Nothing in this section is intended to permit the Agency to displace persons other than in a manner prescribed by the State Relocation Laws.


E. Relocation Administrative Organization

1. Responsible Entity

The Brentwood Redevelopment Agency is responsible for providing relocation payments and assistance to site occupants (persons, families, business owners, and tenants) displaced by the Agency, and the Agency will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local Realtors and civic organizations.

2. Functions

The Agency's staff and/or consultants will prepare any relocation plans required under Section 6038 of the State Relocation Guidelines and shall provide the measures, facilities or services as needed in order to:

a. Fully inform persons eligible for relocation payments and assistance within 60 days following the initiation of negotiations for purchase of a parcel of land as to the availability of relocation benefits and assistance and the eligibility requirements. Persons shall also be fully informed of the procedures for obtaining such benefits and assistance, in accordance with the requirements of Section 6046 of the State Relocation Guidelines.

b. Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of Section 6048 of the State Relocation Guidelines.

c. Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing meeting the criteria described in Section 6008(c) of the State Relocation Guidelines, sufficient in number and kind for and available to such eligible persons.

d. Provide current and continuing information on the availability, prices and rentals of comparable sales and rental housing, and of comparable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for residential property in the area.

e. Assist each eligible person to complete applications for payments and benefits.

f. Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling.

g. Assist each eligible person displaced from his/her business in obtaining and becoming established in a suitable replacement location.

h. Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances.


i. Supply to such eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state programs offering assistance to displaced persons.

j. Provide other advisory assistance to eligible person in order to minimize their hardships. As needed, such assistance may include counseling and referrals with regard to housing financing, employment, training, health, and welfare, as well as other assistance.

k. Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the Project, which policies shall be in accordance with the provisions of Section 6058 of the State Relocation Guidelines.

l. Notify in writing each individual tenant and owner-occupant to be displaced at least 90 days in advance prior to requiring a person to move from a dwelling or to move a business.

m. Coordinate the Agency's relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or other nearby areas which may affect the implementation of its relocation assistance program.

3. Information Program

The Agency shall establish and maintain an information program that provides for the following:

a. Within 60 days following the initiation of negotiations and not less than 90 days in advance of displacement, except for those situations described in subsection 6042(e) of the State Relocation Guidelines, the Agency shall prepare and distribute informational materials (in the language most easily understood by the recipients) to persons eligible for Agency relocation benefits and assistance.

b. Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable.

c. Utilizing meetings, newsletters and other mechanisms, including local media available to all persons, for keeping occupants of the property informed on a continuing basis.

d. Provide each person written notification as soon as his/her eligibility status has been determined.

e. Explaining to persons interviewed the purpose of relocation needs survey, the nature of relocation payments and assistance to be made available, and encouraging them to visit the relocation office for information and assistance.

4. Relocation Record

The Agency shall prepare and maintain an accurate relocation record for each person to be displaced as required by the State Relocation Guidelines.

5. Relocation Resources Survey

The Agency shall conduct a survey of available relocation resources in accordance with Section 6052 of the State Relocation Guidelines.

6. Relocation Payments

The Agency shall make relocation payments to or on behalf of eligible displaced persons in accordance with State Relocation Laws. These payments are specifically described in Article 3 of the State Relocation Guidelines.

7. Temporary Moves

Temporary moves of displaced persons would be required only if adequate resources for permanent relocation sites are not available. Staff shall make every effort to assist the site occupant in obtaining permanent relocation resources prior to initiation of a temporary move, and then only after it is determined that Agency activities will be seriously impeded if such a move is not performed.

8. Last Resort Housing

The Agency shall follow the criteria and procedures set forth in Article 4 of the State Relocation Guidelines for assuring that if the Agency action results, or will result, in displacement, and comparable replacement housing will not be available as needed, the Agency shall use its funds to provide such housing.

9. Grievance Procedures

The Agency Relocation Rules and Regulations shall include grievance procedures in accordance with Article 5 of the State Relocation Guidelines. The purpose of the grievance procedures is to provide Agency requirements for processing appeals related to Agency determinations as to the eligibility for and the amount of a relocation payment, and for processing appeals from persons aggrieved by the Agency's failure to refer them to comparable permanent or adequate temporary replacement housing. Potential displaces will be informed by the Agency of their right to appeal regarding relocation payment claims or other decisions made affecting their relocation.

10. Relocation Appeals Board

A relocation appeals board shall conduct a hearing for all complaints brought by occupants of the redevelopment project areas relating to relocation and will be reviewed against State relocation requirements and, where applicable, federal regulations.


SECTION VII. ANALYSIS OF PRELIMINARY PLAN


The Planning Commission of the City of Brentwood (the “Planning Commission”) adopted the Amendments to the Preliminary Plans for the Merged Brentwood and North Brentwood Redevelopment Plans to include the Sunset area, to re-establish eminent domain authority in the Brentwood Redevelopment Project Area, and to extend eminent domain in the North Brentwood Redevelopment Project Area on October 2 2001, by Resolution No. 01-76. The Amendments to the Preliminary Plans describe the boundaries of the Sunset area; contain general statements of land uses, layout of principal streets, population densities, and building intensities, and building standards proposed as the basis for the redevelopment of the Sunset area. The Amendments to the Preliminary Plans also show how the purposes of the Community Redevelopment Law would be attained through adding the Sunset area, and states that the proposed Amendments to the Preliminary Plans conform to the General Plan of the City. 

The proposed amendment is consistent with the Amendments to the Preliminary Plans. The project area boundaries in the Merged Redevelopment Plans, as they are proposed to be amended by the amendment, are the same as the project area boundaries in the Amendments to the Preliminary Plans. In addition, the Merged Redevelopment Plans, as they are proposed to be amended by the amendment, proposes the same land uses, the same principal streets, and the same building intensities and building standards as those described in the Amendments to the Preliminary Plans. The proposed amendment will assist in attaining the purposes of the Community Redevelopment Law described in the Amendments to the Preliminary Plans.


SECTION VIII. THE REPORT AND RECOMMENDATIONS OF THE PLANNING COMMISSION AND THE REPORT’S CONSISTENCY WITH THE GENERAL PLAN


Section 33352(h) of the CRL requires a report on the conformity of the proposed amendment with the General Plan and any recommendation of the Planning Commission on the proposed amendment to be included in this Report. Section 33352(j) of the CRL also requires a report to satisfy Section 65402 of the Government Code, which states that no real property should be acquired by dedication or otherwise for public purposes, no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized until such activities have been submitted to and reported upon by the local planning agency as to conformity with the jurisdiction’s adopted general plan.

On May 2, 2002, the Planning Commission adopted Resolution No. 02-17 which contains their report and recommendations on the proposed amendment. This Resolution also contains the Planning Commission’s findings and report pursuant to Section 65402 of the Government Code, namely that those above described actions in Section 65402 of the Government Code which are contemplated in the proposed amendment conform to the General Plan of the City of Brentwood.

A copy of the Planning Commission Resolution follows this page. 



SECTION IX. REPORT REQUIRED BY SECTION 33387 OF THE HEALTH AND SAFETY CODE


Section 33387 of the Health and Safety Code requires that minutes of all meetings of the redevelopment agency with a project area committee (PAC), if one has been formed for a project, together with a record of all information presented to the project area committee by or for the redevelopment agency, be maintained and be available for public inspection. Such minutes and record are also required by Section 33352 of the Health and Safety Code to be part of this Report.

Pursuant to Section 33387 of the Health and Safety Code, the following actions were taken for the purposes of forming a Project Area Committee: (a) the City Council approved and adopted Procedures for the Formation of and Election of Members to a Project Area Committee for the Merged Brentwood and North Brentwood Redevelopment Plans on January 22, 2002, by Resolution No. 2453: (b) Agency staff mailed notices on February 1, 2002, to residents, owners and businesses in the Merged Project Areas and Sunset area regarding the formation and opportunity to serve on the Project Area Committee and advising of three public meetings in connection with the formation and election of a Project Area Committee for the Merged Brentwood and North Brentwood Plans; (c) Agency staff conducted the first public information meeting to discuss the proposed amendment and the opportunity to serve on the Project Area Committee on February 19, 2002; (d) Agency staff conducted an election of the Project Area Committee members on March 11, 2002; and (f) on March 26, 2002, by Resolution 2506, the City Council determined that the election of the members to a Project Area Committee for the Merged Brentwood and North Brentwood Redevelopment Plans was conducted in accordance with adopted formation procedures. A copy of this Resolution follows this page.

The first meeting of the Project Area Committee was held on April 17, 2002, wherein the Committee elected their officers, adopted their bylaws, reviewed their role as the Project Area Committee, reviewed the Merged Redevelopment Plans, and discussed their report and recommendations on the proposed amendment to the City Council and Redevelopment Agency.

The second meeting of the Project Area Committee was held on May 1, 2002, wherein the Committee continued their discussions and review of the proposed amendment and recommended approval of the amendment. By this reference, the Project Area Committee meeting minutes of May 1, 2002, are incorporated into and made a part of this Report. 

SECTION X. ENVIRONMENTAL DETERMINATION


Section 33352(k) of the CRL requires the preparation of environmental studies on proposed amendments to redevelopment plans. In conformance with the California Environmental Quality Act (CEQA) and implementing guidelines, a Negative Declaration and Environmental Checklist were prepared on the proposed amendment. The Negative Declaration and Environmental Checklist were circulated to all responsible agencies, taxing agencies and other potentially affected or interested agencies, organizations and individuals for review and comment. In addition, a notice was posted at City Hall, at the County Clerk’s office and published in the Ledger Dispatch. The twenty-day review period ended May 2, 2002.

No comments on the Negative Declaration were received. The Negative Declaration and Environmental Checklist are on file and available for review at the Redevelopment Agency’s office at 150 City Park Way, Brentwood, California, and by this reference, are incorporated into and made a part of this Report.


SECTION XI. NEIGHBORHOOD IMPACT REPORT


Section 33352(m) of the Community Redevelopment Law requires the preparation of a neighborhood impact report if a redevelopment project contains low or moderate income housing. The purpose of the report is to describe in detail the impact of the amendments upon the residents of the Sunset area in terms of relocation, traffic, circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the social quality of the neighborhood.

Existing uses in the Sunset area include the City’s wastewater treatment plant, solid waste transfer station, and a sports complex. Proposed, additional uses include the City’s corporation yard, an improved and advanced wastewater treatment plant, and a 28± acre, 9-lot industrial subdivision. Currently, there are no residential uses in the Sunset area and the proposed amendment and land uses do not provide or allow for residential uses. As such, a neighborhood impact report is not provided herein for the proposed Sunset area. 


SECTION XII. REPORT AND THE ANALYSIS OF THE REPORT OF THE COUNTY FISCAL OFFICER AND SUMMARY OF CONSULTATIONS WITH TAXING ENTITIES


A. County Fiscal Officer’s Report

Section 33328 of the Health and Safety Code requires that the County Fiscal Officer submit a report to the Agency including the following information.

1. The total assessed valuation of all taxable property within the Sunset area as shown on the base year assessment roll.

2. The identifications of each taxing agency levying taxes in the Sunset area.

3. The amount of tax revenue to be derived by each taxing agency from base year assessment roll from the Sunset area, including State subventions for homeowners, business inventory and similar subventions.

4. For each taxing agency, its total ad valorem tax revenues from all property within its boundaries, whether inside or outside the Sunset area.

5. The estimated first year taxes available to the Agency, if any, based upon information submitted by the Agency, broken down by taxing agencies.

6. The assessed valuation of the Sunset area for the preceding year.

A copy of the County Fiscal Officer’s Report dated March 26, 2002, follows this Section.


B. Report Analysis

Section 33352 of the Health and Safety Code requires that this Report include an analysis of the report submitted by the County (pursuant to Section 33328 of the Health and Safety Code), and requires that this Report include a summary of consultations by the Agency, or the Agency’s attempts to consult with each of the affected taxing agencies potentially concerned with the Amendment. If any of the affected taxing entities have expressed written objections or concerns with the proposed Amendment as part of these consultations, the Agency shall include a response to these concerns, additional information, if any, and at the discretion of the Agency, proposed or adopted mitigation measures.

Based on the information received from the Contra Costa County Auditor-Controller, the annual and cumulative tax increment revenues, which would accrue to the Agency, were estimated and are contained in Section V of this Report. Based on those projections, the proposed amendment was determined to be financially feasible.




C. Summary of Consultations

The Agency sent a letter to the affected taxing entities transmitting the Preliminary Report on the proposed amendment on April 10, 2002. After that transmittal, telephone calls were placed to each affected taxing agency offering to meet and answer any questions on the proposed amendment or the Preliminary Report on the Amendment previously sent to them. As of the date of this Report, the Agency has not received any responses to its offers to meet.

Agency staff, consultants and legal counsel have had and continue to have discussions with the County Auditor Controller’s office and with the County Attorney’s office regarding the base year. Discussions pertain to whether the base year assessed value can be increased after the adoption of the proposed amendment to reflect the value of the property, at the time of plan adoption, when it converts from non-taxable to taxable status.




Section VI. A Method for the Relocation of Families and Persons to be temporarily or permanently displaced from Housing Facilities in the Project Area


Section 33352(f) of the Community Redevelopment Law requires this Report to contain a "method or plan" for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the added area. This shall include the provision that no persons or families of low or moderate income shall be displaced, unless and until there is a suitable housing unit available, and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. 

This is the Agency's general method or plan for relocation in the event any displacement should occur as a result of the Agency's redevelopment activities. This is not intended to be a specific project "Relocation Plan" within the meaning of Section 6038 of the Relocation Assistance and Real Property Acquisition Guidelines (California Code of Regulations, Division 1 of Title 25, commonly called the "State Relocation Guidelines"). As described below, a Section 6038 Relocation Plan is not prepared until an agency initiates negotiations for the acquisition or development of real property, and prior to proceeding with any phase of a public improvement or facility project or other implementation activity that would result in displacement of a residential occupant or a significant amount of non-residential occupants.

Existing uses in the Sunset area include the City’s wastewater treatment plant, solid waste transfer station, and a sports complex. Proposed, additional uses include the City’s corporation yard, an improved and advanced wastewater treatment plant, and a 28± acre, 9-lot industrial subdivision. Currently, there are no residential uses in the Sunset area and the proposed amendment and land uses do not provide or allow for residential uses. As such, there are no residents that will be temporarily or permanently displaced from housing facilities in the Sunset area.

At the time of adoption of the North Brentwood Redevelopment Plan in 1991, a general method or plan for relocation was approved for the Project. Although the Agency’s existing general method or plan for relocation would apply to the entire Project Area (including the Sunset area if the proposed amendment is adopted), since the Agency’s general method or plan for relocation is more than ten years old and there have been changes in relocation laws and guidelines since 1991, this Report includes an updated general method or plan for relocation.

A. Relocation in the Event of Agency Displacement

If displacement is caused by the Agency, the Agency will provide persons, families, and businesses with relocation payments and assistance in accordance with the Redevelopment Plan, the California Relocation Assistance Low (Government Code Section 7260 et seq.) California Relocation Guidelines (collectively, hereinafter referred to as the "State Relocation Laws"), as generally described in this Section VI.


B. Rules and Regulations

The Agency adopted the State Relocation Guidelines as the Agency's Relocation Rules and Regulations by Resolution No. 91-7 on April 23, 1991.


C. Agency Determinations and Assurances

The Agency may not proceed with any phase of a project or other activity, which will result in the displacement of any person or business until it makes the following determinations:

7. Fair and reasonable relocation payments will be provided to eligible persons as required by the State Relocation Guidelines.

8. A relocation assistance advisory program offering the services described in Article 2 of the State Relocation Guidelines will be established.

9. Eligible persons will be adequately informed of the assistance, benefits, policies, practices, and procedures, including grievance procedures, provided for in the State Relocation Guidelines.

10. Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing, and considering competing demands for that housing, comparable replacement dwellings will be available, or provided if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them.

11. Adequate provisions have been made to provide orderly, timely and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected.

12. If a resident or a significant number of businesses will be displaced as a result of an Agency project, a specific Relocation Plan meeting the requirements of Section 6038 of the State Relocation Guidelines has been prepared.


D. Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing

The Agency shall implement a relocation assistance advisory program, which satisfies the requirements of the State Relocation Laws and the Civil Rights Act. This program shall be administered so as to provide advisory services which offer maximum assistance to minimize that hardship of displacement and to ensure that (a) all persons and families displaced from their dwellings are relocated into housing meeting the criteria for comparable replacement housing contained in the State Relocation Guidelines, and (b) all persons displaced from their places of business are assisted in reestablishing with a minimum of delay and loss of earnings. No eligible person shall be required to move from his/her dwelling unless within a reasonable period of time prior to displacement a comparable replacement dwelling or, in the case of a temporary move, an adequate replacement dwelling is available to such person.

The following outlines the general functions of the Agency in providing relocation assistance advisory services. Nothing in this section is intended to permit the Agency to displace persons other than in a manner prescribed by the State Relocation Laws.


E. Relocation Administrative Organization

1. Responsible Entity

The Brentwood Redevelopment Agency is responsible for providing relocation payments and assistance to site occupants (persons, families, business owners, and tenants) displaced by the Agency, and the Agency will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local Realtors and civic organizations.

2. Functions

The Agency's staff and/or consultants will prepare any relocation plans required under Section 6038 of the State Relocation Guidelines and shall provide the measures, facilities or services as needed in order to:

a. Fully inform persons eligible for relocation payments and assistance within 60 days following the initiation of negotiations for purchase of a parcel of land as to the availability of relocation benefits and assistance and the eligibility requirements. Persons shall also be fully informed of the procedures for obtaining such benefits and assistance, in accordance with the requirements of Section 6046 of the State Relocation Guidelines.

b. Determine the extent of the need of each such eligible person for relocation assistance in accordance with the requirements of Section 6048 of the State Relocation Guidelines.

c. Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing meeting the criteria described in Section 6008(c) of the State Relocation Guidelines, sufficient in number and kind for and available to such eligible persons.

d. Provide current and continuing information on the availability, prices and rentals of comparable sales and rental housing, and of comparable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates, and terms for residential property in the area.

i. Assist each eligible person to complete applications for payments and benefits.

j. Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling.

k. Assist each eligible person displaced from his/her business in obtaining and becoming established in a suitable replacement location.

l. Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances.


i. Supply to such eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state programs offering assistance to displaced persons.

j. Provide other advisory assistance to eligible person in order to minimize their hardships. As needed, such assistance may include counseling and referrals with regard to housing financing, employment, training, health, and welfare, as well as other assistance.

k. Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the Project, which policies shall be in accordance with the provisions of Section 6058 of the State Relocation Guidelines.

l. Notify in writing each individual tenant and owner-occupant to be displaced at least 90 days in advance prior to requiring a person to move from a dwelling or to move a business.

m. Coordinate the Agency's relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or other nearby areas which may affect the implementation of its relocation assistance program.

3. Information Program

The Agency shall establish and maintain an information program that provides for the following:

a. Within 60 days following the initiation of negotiations and not less than 90 days in advance of displacement, except for those situations described in subsection 6042(e) of the State Relocation Guidelines, the Agency shall prepare and distribute informational materials (in the language most easily understood by the recipients) to persons eligible for Agency relocation benefits and assistance.

b. Conducting personal interviews and maintaining personal contacts with occupants of the property to the maximum extent practicable.

c. Utilizing meetings, newsletters and other mechanisms, including local media available to all persons, for keeping occupants of the property informed on a continuing basis.

d. Provide each person written notification as soon as his/her eligibility status has been determined.

e. Explaining to persons interviewed the purpose of relocation needs survey, the nature of relocation payments and assistance to be made available, and encouraging them to visit the relocation office for information and assistance.

4. Relocation Record

The Agency shall prepare and maintain an accurate relocation record for each person to be displaced as required by the State Relocation Guidelines.

5. Relocation Resources Survey

The Agency shall conduct a survey of available relocation resources in accordance with Section 6052 of the State Relocation Guidelines.

6. Relocation Payments

The Agency shall make relocation payments to or on behalf of eligible displaced persons in accordance with State Relocation Laws. These payments are specifically described in Article 3 of the State Relocation Guidelines.

7. Temporary Moves

Temporary moves of displaced persons would be required only if adequate resources for permanent relocation sites are not available. Staff shall make every effort to assist the site occupant in obtaining permanent relocation resources prior to initiation of a temporary move, and then only after it is determined that Agency activities will be seriously impeded if such a move is not performed.

8. Last Resort Housing

The Agency shall follow the criteria and procedures set forth in Article 4 of the State Relocation Guidelines for assuring that if the Agency action results, or will result, in displacement, and comparable replacement housing will not be available as needed, the Agency shall use its funds to provide such housing.

9. Grievance Procedures

The Agency Relocation Rules and Regulations shall include grievance procedures in accordance with Article 5 of the State Relocation Guidelines. The purpose of the grievance procedures is to provide Agency requirements for processing appeals related to Agency determinations as to the eligibility for and the amount of a relocation payment, and for processing appeals from persons aggrieved by the Agency's failure to refer them to comparable permanent or adequate temporary replacement housing. Potential displaces will be informed by the Agency of their right to appeal regarding relocation payment claims or other decisions made affecting their relocation.

10. Relocation Appeals Board

A relocation appeals board shall conduct a hearing for all complaints brought by occupants of the redevelopment project areas relating to relocation and will be reviewed against State relocation requirements and, where applicable, federal regulations.


SECTION VII. ANALYSIS OF PRELIMINARY PLAN


The Planning Commission of the City of Brentwood (the “Planning Commission”) adopted the Amendments to the Preliminary Plans for the Merged Brentwood and North Brentwood Redevelopment Plans to include the Sunset area, to re-establish eminent domain authority in the Brentwood Redevelopment Project Area, and to extend eminent domain in the North Brentwood Redevelopment Project Area on October 2 2001, by Resolution No. 01-76. The Amendments to the Preliminary Plans describe the boundaries of the Sunset area; contain general statements of land uses, layout of principal streets, population densities, and building intensities, and building standards proposed as the basis for the redevelopment of the Sunset area. The Amendments to the Preliminary Plans also show how the purposes of the Community Redevelopment Law would be attained through adding the Sunset area, and states that the proposed Amendments to the Preliminary Plans conform to the General Plan of the City. 

The proposed amendment is consistent with the Amendments to the Preliminary Plans. The project area boundaries in the Merged Redevelopment Plans, as they are proposed to be amended by the amendment, are the same as the project area boundaries in the Amendments to the Preliminary Plans. In addition, the Merged Redevelopment Plans, as they are proposed to be amended by the amendment, proposes the same land uses, the same principal streets, and the same building intensities and building standards as those described in the Amendments to the Preliminary Plans. The proposed amendment will assist in attaining the purposes of the Community Redevelopment Law described in the Amendments to the Preliminary Plans.


SECTION VIII. THE REPORT AND RECOMMENDATIONS OF THE PLANNING COMMISSION AND THE REPORT’S CONSISTENCY WITH THE GENERAL PLAN


Section 33352(h) of the CRL requires a report on the conformity of the proposed amendment with the General Plan and any recommendation of the Planning Commission on the proposed amendment to be included in this Report. Section 33352(j) of the CRL also requires a report to satisfy Section 65402 of the Government Code, which states that no real property should be acquired by dedication or otherwise for public purposes, no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized until such activities have been submitted to and reported upon by the local planning agency as to conformity with the jurisdiction’s adopted general plan.

On May 2, 2002, the Planning Commission adopted Resolution No. 02-17 which contains their report and recommendations on the proposed amendment. This Resolution also contains the Planning Commission’s findings and report pursuant to Section 65402 of the Government Code, namely that those above described actions in Section 65402 of the Government Code which are contemplated in the proposed amendment conform to the General Plan of the City of Brentwood.

A copy of the Planning Commission Resolution follows this page. 



SECTION IX. REPORT REQUIRED BY SECTION 33387 OF THE HEALTH AND SAFETY CODE


Section 33387 of the Health and Safety Code requires that minutes of all meetings of the redevelopment agency with a project area committee (PAC), if one has been formed for a project, together with a record of all information presented to the project area committee by or for the redevelopment agency, be maintained and be available for public inspection. Such minutes and record are also required by Section 33352 of the Health and Safety Code to be part of this Report.

Pursuant to Section 33387 of the Health and Safety Code, the following actions were taken for the purposes of forming a Project Area Committee: (a) the City Council approved and adopted Procedures for the Formation of and Election of Members to a Project Area Committee for the Merged Brentwood and North Brentwood Redevelopment Plans on January 22, 2002, by Resolution No. 2453: (b) Agency staff mailed notices on February 1, 2002, to residents, owners and businesses in the Merged Project Areas and Sunset area regarding the formation and opportunity to serve on the Project Area Committee and advising of three public meetings in connection with the formation and election of a Project Area Committee for the Merged Brentwood and North Brentwood Plans; (c) Agency staff conducted the first public information meeting to discuss the proposed amendment and the opportunity to serve on the Project Area Committee on February 19, 2002; (d) Agency staff conducted an election of the Project Area Committee members on March 11, 2002; and (f) on March 26, 2002, by Resolution 2506, the City Council determined that the election of the members to a Project Area Committee for the Merged Brentwood and North Brentwood Redevelopment Plans was conducted in accordance with adopted formation procedures. A copy of this Resolution follows this page.

The first meeting of the Project Area Committee was held on April 17, 2002, wherein the Committee elected their officers, adopted their bylaws, reviewed their role as the Project Area Committee, reviewed the Merged Redevelopment Plans, and discussed their report and recommendations on the proposed amendment to the City Council and Redevelopment Agency.

The second meeting of the Project Area Committee was held on May 1, 2002, wherein the Committee continued their discussions and review of the proposed amendment and recommended approval of the amendment. By this reference, the Project Area Committee meeting minutes of May 1, 2002, are incorporated into and made a part of this Report. 

SECTION X. ENVIRONMENTAL DETERMINATION


Section 33352(k) of the CRL requires the preparation of environmental studies on proposed amendments to redevelopment plans. In conformance with the California Environmental Quality Act (CEQA) and implementing guidelines, a Negative Declaration and Environmental Checklist were prepared on the proposed amendment. The Negative Declaration and Environmental Checklist were circulated to all responsible agencies, taxing agencies and other potentially affected or interested agencies, organizations and individuals for review and comment. In addition, a notice was posted at City Hall, at the County Clerk’s office and published in the Ledger Dispatch. The twenty-day review period ended May 2, 2002.

No comments on the Negative Declaration were received. The Negative Declaration and Environmental Checklist are on file and available for review at the Redevelopment Agency’s office at 150 City Park Way, Brentwood, California, and by this reference, are incorporated into and made a part of this Report.


SECTION XI. NEIGHBORHOOD IMPACT REPORT


Section 33352(m) of the Community Redevelopment Law requires the preparation of a neighborhood impact report if a redevelopment project contains low or moderate income housing. The purpose of the report is to describe in detail the impact of the amendments upon the residents of the Sunset area in terms of relocation, traffic, circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the social quality of the neighborhood.

Existing uses in the Sunset area include the City’s wastewater treatment plant, solid waste transfer station, and a sports complex. Proposed, additional uses include the City’s corporation yard, an improved and advanced wastewater treatment plant, and a 28± acre, 9-lot industrial subdivision. Currently, there are no residential uses in the Sunset area and the proposed amendment and land uses do not provide or allow for residential uses. As such, a neighborhood impact report is not provided herein for the proposed Sunset area. 


SECTION XII. REPORT AND THE ANALYSIS OF THE REPORT OF THE COUNTY FISCAL OFFICER AND SUMMARY OF CONSULTATIONS WITH TAXING ENTITIES


A. County Fiscal Officer’s Report

Section 33328 of the Health and Safety Code requires that the County Fiscal Officer submit a report to the Agency including the following information.

7. The total assessed valuation of all taxable property within the Sunset area as shown on the base year assessment roll.

8. The identifications of each taxing agency levying taxes in the Sunset area.

9. The amount of tax revenue to be derived by each taxing agency from base year assessment roll from the Sunset area, including State subventions for homeowners, business inventory and similar subventions.

10. For each taxing agency, its total ad valorem tax revenues from all property within its boundaries, whether inside or outside the Sunset area.

11. The estimated first year taxes available to the Agency, if any, based upon information submitted by the Agency, broken down by taxing agencies.

12. The assessed valuation of the Sunset area for the preceding year.

A copy of the County Fiscal Officer’s Report dated March 26, 2002, follows this Section.


B. Report Analysis

Section 33352 of the Health and Safety Code requires that this Report include an analysis of the report submitted by the County (pursuant to Section 33328 of the Health and Safety Code), and requires that this Report include a summary of consultations by the Agency, or the Agency’s attempts to consult with each of the affected taxing agencies potentially concerned with the Amendment. If any of the affected taxing entities have expressed written objections or concerns with the proposed Amendment as part of these consultations, the Agency shall include a response to these concerns, additional information, if any, and at the discretion of the Agency, proposed or adopted mitigation measures.

Based on the information received from the Contra Costa County Auditor-Controller, the annual and cumulative tax increment revenues, which would accrue to the Agency, were estimated and are contained in Section V of this Report. Based on those projections, the proposed amendment was determined to be financially feasible.




C. Summary of Consultations

The Agency sent a letter to the affected taxing entities transmitting the Preliminary Report on the proposed amendment on April 10, 2002. After that transmittal, telephone calls were placed to each affected taxing agency offering to meet and answer any questions on the proposed amendment or the Preliminary Report on the Amendment previously sent to them. As of the date of this Report, the Agency has not received any responses to its offers to meet.

Agency staff, consultants and legal counsel have had and continue to have discussions with the County Auditor Controller’s office and with the County Attorney’s office regarding the base year. Discussions pertain to whether the base year assessed value can be increased after the adoption of the proposed amendment to reflect the value of the property, at the time of plan adoption, when it converts from non-taxable to taxable status.






SIXTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE 
BRENTWOOD REDEVELOPMENT PROJECT


The Redevelopment Plan for the Brentwood Redevelopment Project originally adopted July 13, 1982, by Ordinance No. 333, and amended on November 29, 1983, by Ordinance No. 358 (First Amendment), December 27, 1999 by Ordinance No. 549 (Second Amendment), September 14, 1999 by Ordinance No. 621 (Third Amendment), and May 9, 2000 by Ordinance No. 632 (Fourth Amendment), and March 12, 2002, by Ordinance No. 699 (Fifth Amendment), is hereby further amended as follows:

1. The second paragraph of Section 309 of Part III is hereby amended to read as follows:

It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. Eminent domain proceedings, if used, must be commenced within twelve (12) years from the date of adoption of the ordinance approving the Sixth Amendment to this Plan.



FOURTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE
NORTH BRENTWOOD REDEVELOPMENT PROJECT


The Redevelopment Plan for the North Brentwood Redevelopment Project originally adopted July 9, 1991, by Ordinance No. 496, and amended on December 27, 1994 by Ordinance No. 548 (First Amendment), May 9, 2000, by Ordinance No. 632 (Second Amendment), and March 12, 2002 by Ordinance No. 699 (Third Amendment), is hereby further amended as follows:

1. Add the definition of “Added Project Area” as item A of Part II, as follows:

A. “Added Project Area” means the area to be added to the Project Area by the Fourth Amendment to the Redevelopment Plan as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

2. Reletter items A through O of Part II to items B through P.

3. Add the definition of “Original Project Area” as item Q of Part II, as follows:

Q. “Original Project Area” means the portion of the Project Area so designated on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

4. Reletter items P through U of Part II to items R through W.

5. Revise item V of Part II to item X and revise it to read as follows:

X. “Project Area” means the Original Project Area and the Added Project Area as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

6. Reletter items W through Y of Part II to items Y through AA.

7. Amend Part III to read as follows:

Attached to this Plan are (1) “Amended Project Area Boundary Map” (Exhibit A); (2) “Amended Legal Description of the Project Area” (Exhibit B); (3) “Amended City Land Use Map” (Exhibit C); and (4) “Amended County Land Use Map” (Exhibit D), which exhibits are incorporated in this Plan by this reference. The Project Area Boundaries include the Original Project Area boundaries and the Added Project Area boundaries. Former Exhibits A, B, C, and D are hereby deleted. All references in this Plan to Exhibits A, B, C or D shall mean and refer to the Amended Exhibits set forth above.

8. Item E of Part V should be amended to read as follows:

There are approximately 775 housing units in the Project Area being used as permanent residences at the time of the adoption of the Fourth Amendment to this Plan. It is anticipated that approximately 40 housing units will be removed and approximately 750 additional housing units will be developed in the Project Area during the life of this Plan. As provided in Section C.6. of this Part V, the maximum number of dwelling units in the City Portion of the Project Area shall be regulated as provided in the City General Plan and the City Zoning Ordinance, and the maximum number of dwelling units permitted in the County Portion of the Project Area shall be regulated as provided in the County General Plan and County Zoning Ordinance.




9. Add the following items to the Category entitled “Local Streets” in Item A.1. of Part VI as follows:

Almond Street
Village Drive

10. Add the following item to the Category entitled “Highways” in Item A.1. of Part VI as follows:

Brentwood Boulevard

11. Add items at the end of Item A of Part VI as follows:

5. Realign Sunset Road directly east of the intersection with Brentwood Boulevard.

6. Install roadway and infrastructure in the Sunset Industrial Park.

12. Item B.1. of Part VI is hereby amended to read as follows:

1. Acquisition of Real Property

Except as specifically limited herein, the Agency may, but is not required to, acquire, or obtain options to acquire, all real property located in the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest, including, but not limited to, an easement, a leasehold, or a security interest. 

Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area.

The Agency must commence eminent domain proceedings with respect to any property which it intends to acquire in the Project Area within twelve (12) years of the date of adoption of the ordinance adopting the Fourth Amendment to the Plan. This time limit for commencement of eminent domain proceedings may be extended only by amendment of the plan.

Prior to any acquisition through eminent domain the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method.

The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition with the Project Area.

13. Delete items A., and B. of Part X and replace to read as follows:

A. Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective until July 9, 2031 for the Original Project Area and until thirty (30) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area; provided, however, that, subject to the limitations set forth in Section 502 of this Plan, the Agency may issue bonds and incur obligations pursuant to this Plan which extend beyond the applicable termination date, and in such event, this Plan shall continue in effect to the extent necessary to permit the full repayment of such bonds or other obligations. After the effectiveness of this Plan for the applicable Original Project Area or Added Project Area, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts, unless the Agency has not completed its housing obligations pursuant to Section 33413 of the Community Redevelopment Law, in which case the Agency shall retain its authority to implement requirements under Section 33413 of the Community Redevelopment Law, including its ability to incur and pay indebtedness for this purpose, and shall use this authority to complete such housing obligations as soon as is reasonably possible.

14. Reletter Item C. of Part X to item B and amend it to read as follows:

The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code section 33670 after July 9, 2041 for the Original Project Area and after forty-five (45) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area.

EXHIBIT B


NORTH BRENTWOOD REDEVELOPMENT 
AMENDED LEGAL DESCRIPTION


All that certain real property, situate in the City of Brentwood, County of Contra Costa, State of California, described as follows:

ORIGINAL PROJECT AREA:
BEGINNING at the southeast corner of Section 12, Township 1 North, Range 2 East, Mount Diablo Base and Meridian, said point also being on the centerline of State Highway 4; thence, from said Point of Beginning, South 89° 40' West 225 feet to the southeast corner of Subdivision 2198, filed June 30, 1955 in Book 58 of Maps, at page 49, Contra Costa County Records; thence northerly along the east line of said Subdivision 2198 (58 M 49) North 0° 30' East 210.00 feet to the south line of Broderick Drive; thence, continuing along the extension of said east line of Subdivision 2198 (58 M 49), North 0° 30' East 80.00 feet to a point on the north line of said Broderick Drive, said point also being the southeast corner of Subdivision 2594, filed November 28, 1960 in Book 80 of Maps, at page 14, Contra Costa County Records; thence, continuing northerly along the east line of said Subdivision 2594 (80 M 14), North 0° 30' East 210.00 feet to the northeastern corner thereof, said point also being the southeastern corner of Subdivision 3473, filed February 16, 1966 in Book 110 of Maps, at page 4, Contra Costa County Records; thence, continuing northerly along the east line of said Subdivision 3473 (110 M 4) North 0° 30' East 250.0 feet to the northeast corner thereof; thence westerly along the north line of said Subdivision 3473 (110 M 4), South 89° 40' West 1,050.0 feet to the northwest corner thereof; thence southerly along the west line of said Subdivision 3473 (110 M 4), South 0° 30' West 250.0 feet to the southwest corner thereof, said point also being the northwest corner of said Subdivision 2594 (80 M 14); thence, continuing southerly along said west line of said Subdivision 2594 (80 M 14) South 0° 30' West 250.00 feet to the southwest corner thereof, said point also being the northwest corner of said Subdivision 2198 (58 M 49); thence continuing southerly along said west line of said Subdivision 2198 (58 M 49) South 0° 30' West 250 feet to the southwest corner thereof, said point also being a point on the south line of said Section 12, Township 1 North, Range 2 East, MDB&M; thence westerly along said south line of said Section 12 (T1N, R2E, MDB&M) South 89° 40' West 874.6 feet to the northeast right-of-way line of the Southern Pacific Company; thence, northwesterly along said northeast right-of-way line of said Southern Pacific Company, North 35° 37' West 2,655 feet to the western corner of Lot 213, as shown on the map of Subdivision Number Five of Brentwood Irrigated Farms, Amended, filed August 4, 1920 in Book 17 of Maps, at page 372, Contra Costa County Records, said point also being on the line of the E.C.C.I. Co. Main Lateral No. 5 North; thence northeasterly along the line of said E.C.C.I. Co. Main Lateral No. 5 North, also being the northwest line of Lots 213 and 206 of said Subdivision Number Five of Brentwood Irrigated Farms, Amended (17 M 372) North 54° 23' East 50.0 feet to an angle point; thence, North 17° 35' East 2,895.8 feet to the northwest corner of said Lot 206 of said Subdivision Number Five of Brentwood Irrigated Farms Amended (17 M 372), said point also being on the north line of said Section 12 (T1N, R2E, MDB&M); thence, easterly along said north line of said Section 12, East 1,457.54 feet to the southeast corner of Lot 8 of 0. C. Prewetts Lone Oak Subdivision filed in Book 6 of Maps, at page 139, Contra Costa County Records; also being the southwest corner of Parcel "B" of MS 13-71 as shown on the parcel map filed April 20, 1971 in Book 16 of Parcel Maps, at page 18, Contra Costa County Records; thence, northerly along the east line of said 0. C. Prewetts Lone Oak Subdivision (6 M 139) North 1,621.62 feet to the south line of the Contra Costa County Flood Control and Water Conservation District right-of-way; thence westerly along said south line of said Contra Costa County Flood Control and Water Conservation District right-of-way, West 1473.12 feet to the southwest corner of said Contra Costa County Flood Control and Water Conservation District right-of-way; thence northerly along the west line of said Contra Costa County Flood Control and Water Conservation District right-of-way, North 0° 42' 15" East 40.39 feet to an angle point; thence continuing along the west line of said Contra Costa County Flood Control and Water Conservation District right-of-way and its promulgation, North 7° 17' 45 West 934.53 feet to an angle point; thence, North 0° 42' 16" West 28.25 feet to a point on the southern right-of-way line of Lone Tree Way; thence perpendicular to said southern right-of-way line of Lone Tree Way, North 0° 35' West 45 feet to a point on the north right-of-way line of said Lone Tree Way; thence easterly along said north right-of-way line of Lone Tree Way, the following four courses: 1) North 0° 42' 16" West 25 feet to the southwest corner of Parcel "A" as shown on the parcel map filed November 13, 1968, in Book 6 of Parcel Maps, at page 18, Contra Costa County Records, 2) South 89° 16' 44" East 159.39 feet to the southeast corner of said Parcel "A" (6 PM 18), 3) South 3° 14' 16" West 25.05 feet to an angle point, and 4) South 89° 16'44" East 125.81 feet to the end of the west return for Anderson Lane; thence, tangent to the last course, along the arc of a curve to the left, having a radius of 20 feet, through a central angle of 89° 04' 41", an arc length of 31 feet to the north end of the west return for Anderson Lane; thence, northerly along the west line of Anderson Lane, North 1° 38' 35" East 759.35 feet to a point of curvature; thence, continuing along the west right-of-way line of Anderson Lane, along the arc of a tangent curve to the right, having a radius of 1,030 feet, through a central angle of 7° 55' 37", an arc length of 142.50 feet; thence, continuing northerly along the west line of Anderson Lane, North 9° 34' 12" East 332.87 feet to a point of curvature; thence, continuing northerly along the west right-of-way line of Anderson Lane, along the arc of a tangent curve to the left, having a radius of 970 feet, through a central angle of 4° 36' 07", an arc length of 77.9 feet; thence, leaving said west right-of-way line of Anderson Lane, perpendicular to the right-of-way, South 85° 01' 55" East 60.00 feet to a point on the east right-of-way line of said Anderson Lane, said point also being the southwest corner of Parcel "B" as shown on the parcel map filed March 6, 1972, in Book 21 of Parcel Maps, at page 8, Contra Costa County Records, and also being a point on the north line of Lot 17 of the Lone Tree Villa subdivision, as shown on the map filed in Book 35 of Maps, at page 30, Contra Costa County Records; thence, along said north line of said Lone Tree Villa subdivision (35 M 30) East 1,048.15 feet to the northeast corner thereof, said point also being on the west line of Parcel "C' as shown on the parcel map filed June 9, 1977, in Book 55 of Parcel Maps, at page 23, Contra Costa County Records; thence northerly along the west line of Parcels "C' and "A" of said parcel map (55 PM 23) North 0° 43' 40" East 824.4 feet to the northwest corner of said Parcel "A" (55 PM 23); thence, easterly along the north line of Parcels "A" and "B" of said parcel map (55 PM 23), South 89° 57' 29" East 1,269.94 feet to the northeast corner of said Parcel "B" (55 PM 23); said point also being on the west right-of-way line of the Liberty Link Highway (State Route 4); thence along the west right-of-way line of said Liberty Link Highway the following two courses: 1) East 25 feet to an angle point; and 2) North 200 feet to a point which lies 75 feet, measured at right angles to the centerline of said Liberty Link Highway, from the northwest corner of Parcel "B" as shown on the parcel map recorded November 9, 1970, in Book 14 of Parcel Maps, at page 40, Contra Costa County Records, thence, perpendicular to said centerline of said Liberty Link Highway, East, 75 feet to the northwest corner of said Parcel "B" (14 PM 40); thence, easterly along the north line of said Parcel "B" (14 PM 40) North 89° 55' East 1,276.70 feet to the northeast corner thereof; thence southerly along the east line of Parcels "B" and "C' as shown on said parcel map (14 PM 40), South 0° 20' West 658.70 feet to the southeast corner of said Parcel "C' (14 M 40); thence, continuing southerly South 0° 20' West 1,663 feet to the northeast corner of Parcel "B", as shown on the parcel map filed August 10, 1978, in Book 68 of Parcel Maps, at page 44, Contra Costa County Records; thence, continuing southerly, along the east line of said Parcel "B", (68 PM 44) South 0° 19' 40" West 1,321.7 feet to a point on the centerline of Hanson Lane, said point also lying on the north line of Parcel "B" as shown on the parcel map filed August 28, 1978, in Book 69 of Parcel Maps, at page 23, Contra Costa County Records, distant thereon 262.87 feet, more or less, from the northeast corner of said Parcel "B" (69 PM 23); thence, easterly along the north line of said Parcel "B" (69 PM 23) South 89° 56' 10" East 262.87 feet to the northeast corner of said Parcel "B" (69 PM 23); thence, continuing along the projection of the north line of said Parcel "B" (69 PM 23) South 89° 56' 10" East 45.56 feet to a point on the northerly projection of the east line of Parcel "A" of said parcel map; thence southerly along the projection of the east line of said Parcel "A" (69 PM 23), South 1° 13' 31" West 138.03 feet to the north corner of said Parcel "A" (69 PM 23), thence; South 1° 13' 31" West 1,161.58 feet to the southeast corner of said Parcel "A" (69 PM 23); thence, continuing southerly along the east line of said Parcel "A" (69 PM 23), said point also being on the north right-of-way line of Sunset Road; thence, continuing southerly South 1° 20' 15" West 1,063.40 feet, in a direct line to the northeast corner of Subdivision 6200, as shown on the map filed August 16, 1984 in Book 281 of Maps, at page 23, Contra Costa County Records, said northeast corner of said Subdivision 6200 also being on the north right-of-way line of Havenwood Avenue; thence, continuing southerly along the east line of said Subdivision 6200 (281 M 23) South 1° 20' 15" West 50.00 feet to a point on the south fight-of-way line of said Havenwood Avenue; thence westerly along said south right-of-way line of Havenwood Avenue, North 89° 27' 45" West 1,382.60 feet to the northwest corner of Lot 10 of said Subdivision 6200 (281 M 23), said point also being the northeast corner of Parcel "A" as shown on the parcel map filed November 2, 1967 in Book 1 of Parcel Maps, at page 47, Contra Costa County Records; thence southerly along the west line of said Subdivision 6200 (281 M 23) South 1° 20' 15" West 452.00 feet to a point on the north right-of-way line of Applewood Common, said point also being the southwest corner of Parcel "D", as shown on the parcel map of MS 125-73, filed November 26, 1973, in Book 31 of Parcel Maps, at page 20, Contra Costa County Records; thence continuing southerly South 1° 20' 15" West 62.19 feet to a point on the south fight-of-way line of Applewood Common; thence westerly along said south right-of-way line of Applewood Common the following two courses: 1) South 83° 32' 15" West 31.29 feet to an angle point, and 2) South 1° 20' 15" West 4.00 feet; thence leaving said south right-of-way line of said Applewood Common, South 1° 20' 15" West 88.00 feet to the southwest corner of said Subdivision 6200 (281 M 23); thence, easterly along the south line of said Subdivision 6200 (281 M 23) South 89° 27' 45" East 1,413.60 feet to the southeast corner thereof; thence South 0° 30' East 2,125 feet directly to the northeast corner of Subdivision 4251, Brentwood Villa No. 2, filed July 14, 1972, in Book 148 of Maps, at page 16, Contra Costa County Records; thence westerly along the north line of Lot 11 of said Subdivision 4251 (148 M 16) North 89° 24' 39" West 100.01 feet to the northwest corner thereof; thence South 1° 17' 49" West 1.00 feet to the northeast terminus of the right-of-way of Windsor Way; thence westerly along the north terminus of said Windsor Way right-of-way North 89° 24' 39" West 60.00 feet to the northwest corner thereof; thence southerly along the west right-of-way line of said Windsor Way, South 1° 17' 49" West 191.76 feet to the northeast corner of Lot 12, as shown on the map of said Subdivision 4251 (148 M 16) the following four courses: 1) North 89° 26' 44" West 245.00 feet to an angle point, 2) North 82° 25' 19" West 216.61 feet to an angle point, 3) North 1° 19' 46" East 146.56 feet to the northeast corner of Lot 41, as shown on said map of Subdivision 4251 (148 M 16), and 4) North 89° 24' 39" West 100.01 feet to a point on the east right-of-way line of Barbara Street; thence, southerly along the said east right-of-way line of Barbara Street, South 1° 19' 46" West 684 feet, more or less, to southwest corner of Lot 42, as shown on the map of said Subdivision 4251 (148 M 16); thence, easterly along the south line of said Subdivision 4251 (148 M 16) South 89° 26' 44" East 437.35 feet to the northwest corner of Lot 7, as shown on the map of Subdivision 5390, filed July 31, 1980, in Book 243 of Maps, at page 2, Contra Costa County Records; thence southerly and easterly along the west and south lines of Lots 7, 6, 5, 4, and 3, of said Subdivision 5390 (243 M 2), the following five courses: 1) South 10° 46' 03" West 109.94 feet to an angle point, 2) South 20° 59' 19" East 53.42 feet to an angle point, 3) South 38° 51' 09" East 80.00 feet to an angle point, 4) South 73° 56' 50" East 62.85 feet to an angle point, and 5) South 88° 42' 11" East 168.75 feet to a point on the east line of said Subdivision 5390 (243 M 2), said point also being the southeast corner of Lot 3 of said Subdivision 5390 (243 M 2); thence, southerly along the east line of said Subdivision 5390 (243 M 2) 1° 17' 49" West 356.15 feet to a point on the north line of Sycamore Avenue; thence proceeding southerly along the extension of the previous course, South 1° 17' 49" West 24.00 feet to a point on the centerline of said Sycamore Avenue, said centerline also being the south line of Section 1, Township 1 North, Range 3 East, MDB&M; thence easterly along said centerline of Sycamore Avenue, North 89° 15' East 226.50 feet to the northwest corner of Lot 146 as shown on the map of Subdivision Number Four of Brentwood Irrigated Farms, filed September 11, 1917, in Book 16 of Maps, at page 325, Contra Costa County Records; thence southerly along the west line of said Lot 146 of said Subdivision Number Four of Brentwood Irrigated Farms (16 M 325), South 0° 33' 30" West 34 feet to the northeast corner of Parcel "D" as shown on the parcel map filed in Book 9 of Parcel Maps, at page 23, Contra Costa County Records; thence, continuing southerly along the east line of said Parcel "D" (9 PM 23) South 0° 33' 30" West 621.59 feet to the southeast corner thereof; thence westerly along the south line of Parcels "A", "B", "C", and ''D" as shown on said parcel map (9 PM 23) South 89° 40' West 1,298.11 feet to an angle point; thence South 54" 23' West 38.87 feet to the south corner of said Parcel "A" (9 PM 23); thence northerly along the west line of said Parcel "A" (9 PM 23) the following two courses: 1) North 35° 37' West 265.93 feet to an angle point, and 2) North 0° 29' East 426.02 feet to the northwest corner of said Parcel "A" (9 PM 23); thence, continuing northerly North 0° 29' East 34 feet to a point on the centerline of Sycamore Avenue, also being the south line of said Section 1, Township 1 North, Range 3 East, MDB&M; thence, westerly along said section line, South 89° 42' West 365 feet more or less to the Point of Beginning.

EXCEPTING THEREFROM THE FOLLOWING PARCEL:

BEGINNING on the south right-of-way line of Village Drive at the northeast corner of Parcel "A" as shown on the map of MS 71-7, filed September 11, 1970, in Book 14 of Parcel Maps, at page 12, Contra Costa County Records; thence proceeding easterly along the south right-of-way line of Village Drive as shown on the map of Subdivision 4051, Brentwood Villa No. 1, filed August 4, 1971, in Book 139 of Maps, at page 4, Contra Costa County Records, the following three courses: 1) South 89° 28' 14" East 27.00 feet to an angle point, 2) North 1° 19' 46" East 3.10 feet to an angle point, and 3) easterly along the arc of a curve to the left, the center which bears North 5° 21' 33" West, and having a radius of 210 feet, through a central angle of 27° 13' 33", an arc length of 99.79 feet, to the intersection of the said south right-of-way line of Village Drive with the south right-of-way line of Norma Lane; thence southeasterly and easterly along the south right-of-way line of said Norma Lane the following three courses: 1) South 34° 18' 58" East 36.65 feet to a point of curvature, 2) easterly along the arc of a tangent curve to the left, having a radius of 48 feet, through a central angle of 54° 21' 16", an arc length of 45.54 feet, and 3) tangent to the last course, South 88° 40' 14" East 222.19 feet to a point on the east line of Parcel "C" as shown on the said parcel map of MS 71-7 (14 PM 12), said point also being the southeast corner of Lot 69 as shown on the map of said Subdivision 4051 (139 M 4); thence southerly along the east line of said Parcel "C" of said MS 71-1 (14 PM 12) South 1° 22' 21" West 284.35 feet to the southeast corner of said Parcel "C" (14 PM 12); thence westerly along the south line of Parcels "A" and "C' of said parcel map (14 PM 12) North 89° 28' 14" West 597.09 feet to the southwest corner of said Parcel "A" (14 PM 12); thence along the southwest lines of said Parcel "A" (14 PM 12) the following two courses 1) North 1° 19' 46" East 170.33 feet to an angle point, and 2) North 89° 28' 14" West 75.00 feet to the most westerly corner of said Parcel "A" (14 PM 12); thence South 1° 19' 46" West 18.33 feet to the southeast corner of the parcel of land described in the deed to Hoskins, filed in Book 5506 of Official Records, at page 204, Contra Costa County Records; thence North 89° 28' 14" West 65.00 feet to the southwest corner of said Hoskins parcel (5506 OR 204); thence North 1° 19' 46" East 150.00 feet to a point on the south right-of-way line of said Village Drive; thence easterly along the said south right-of-way line of Village Drive, South 89° 28' 14" East 335.00 feet to the Point of Beginning.

Approximately 810 acres ±

ADDED AREA:
BEGINNING at the most northerly point of Parcel “A” of map 69 PM 23; thence along the southerly Right-of-Way (R/W) line of the Contra Costa Flood Control Channel (Marsh Creek) (66 LSM 24) (1) North 38° 59’ 47” East 188.45 feet; thence jogging northwesterly North 51°00’ 13” West 2.00 feet; thence northeasterly North 38° 59’ 47” East 614.09 feet; thence, along a curve to the left, having a radius of 358 feet, through a central angle of 44° 56’ 10” and an arc length of 280.77 feet to a Flood Control District (FCD) monument # 70184; thence North 5° 56’ 23” West 616.97 feet to an FCD monument # 70183; thence North 5° 56’23” West 31.84 feet; thence jogging easterly, North 84° 03’ 37 East 2.00 feet; thence along a non-tangent curve, concave to the southeast, having a radius of 240 feet, through a central angle of 25° 32’ 05” and an arc length of 106.96 feet; thence jogging easterly, South 70° 24’ 18” East 6.00 feet; thence, along a non-tangent curve, concave to the southeast, having a radius of 234.00 feet, through a central angle of 74° 25’ 43”, and an arc length of 303.97 feet; thence jogging southerly, South 4° 01’ 25’ West 2.00 feet to an FCD monument # 70182: thence easterly, South 85° 58’ 35” East 246.21 feet to a rebar and cap(LS 4520); thence, continuing to follow the flood control right-of-way easterly according to the North American Title Company legal description #54709-50900534-MEW, Pg. 3, South 85° 49’ 05” East 554.82 feet; thence jogging southerly, South 4° 10’ 05” West 14.00 feet; thence along a non-tangent curve, concave to the northwest, having a radius of 382.00 feet, through a central angle of 63° 57’ 39” and an arc length of 426.44 feet; thence jogging northwesterly, North 59° 47’ 34” West 10.00 feet; thence along a non-tangent curve, concave to the northwest, having a radius of 372.00 feet, through a central angle of 4° 37’ 27” and an arc length of 30.02 feet; thence departing the Flood Control Channel R/W easterly, South 88° 59’ 48” East 422.21 feet; thence southerly, South 1° 00’12” West 435.13 feet to a point marking the Southeast corner of the West one half of the Northeast one quarter of Section 6; thence, referring to 69 PM 23, continue in a southerly direction South 0° 35’ 29” West 1314.31 feet to a three quarters inch(1 inch on ROS 117 LSM 15) iron pipe; thence referring to 117 LSM 15, South 1° 25’ 16” West 1308.53 feet; thence westerly, South 89° 58’ 37” 989.88 feet; thence, South 89° 58’ 37” 1306.42 feet; thence northerly North 1° 12’ 41” East 605.00 feet; thence jogging westerly, South 89° 58’ 37” West 30.00 feet; thence northerly, North 1° 12’ 41” East 556.49 feet to the North corner of Parcel “A”(69 PM 23) as referred to above.

Approximately 138 acres ±




CITY OF BRENTWOOD
NEGATIVE DECLARATION
Proposed Amendments to the Brentwood and North Brentwood 
Redevelopment Plans

1. DESCRIPTION OF PROJECT

Title: Proposed Amendment to Add Area to the North Brentwood Redevelopment Plan, Extend Eminent Domain in the North Brentwood Redevelopment Plan, and Re-Establish Eminent Domain in the Brentwood Redevelopment Area

Location: The Redevelopment Project Area, consisting of the Merged Brentwood Redevelopment Area and the North Brentwood Redevelopment Area, is located in the City of Brentwood (City), in eastern Contra Costa County. The City is approximately equidistant (fifty miles) from San Francisco to the west and Sacramento to the east. The proposed Added Area (Sunset Industrial Park Complex), is located entirely within the City boundaries. The 138 acre proposed Added Area is contiguous with the North Brentwood Redevelopment Area along the easterly boundary of the recently built Trailside Subdivision located north of Sunset Road. The area is bounded to the south by Sunset Road, to the west by the Tresch Road (and Trailside Subdivision) and Marsh Creek, to the north by Marsh Creek, and to the east by an existing orchard and food processing plant.

Department Responsible for Proposed Project: Redevelopment Agency of the City of Brentwood

Contact Person: Ms. Gina Rozenski, 925-240-2504

Project Description: The proposed project consists of amending the merged Brentwood Redevelopment Plan and North Brentwood Redevelopment Plan to:

(1) add approximately 138 acres to the northeasterly portion of the North Brentwood Redevelopment Project Area;
(2) extend the time limit for eminent domain within the North Brentwood Redevelopment Project Area; and 
(3) re-institute eminent domain in the Brentwood Redevelopment Project Area.

2. FINDING OF NO SIGNIFICANT IMPACT

This Negative Declaration has been prepared in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA Guidelines. Based on the environmental findings of the attached Initial Study, there is not evidence that the proposed Amendment to the Redevelopment Plan would have significant adverse impacts on the environment. Specifically, implementation of the proposed amendments would not have the potential to degrade the quality of the environment; would not have the potential to achieve short-term goals to the disadvantage of long-term goals; would not result in potentially significant individually limited or cumulative impacts; and would not have effects that would have substantial adverse impacts on human beings, either directly or indirectly. Therefore, it has been determined that an Environmental Impact Report is not required. 

3. NOTICE

This Negative Declaration may become final unless written comments are received by the Brentwood Redevelopment Agency at the office listed above by 5:00 p.m. on May 2, 2002. This document and supporting attachments are provided for review by the general public. This is an informational document about environmental effects only. Supplemental information is on file and may be reviewed at the Redevelopment Agency of the City of Brentwood at the address listed above. The decision-making body will review this document and potentially many other sources of information before considering the proposed project.

Date: April 10, 2002




ENVIRONMENTAL CHECKLIST FORM


1. Project Title: 
Amendment to the City of Brentwood Redevelopment Plans
2. Lead Agency Name and Address: 
City of Brentwood 150 City Park WayBrentwood, CA 94513
3. Contact Person and Phone Number: 
Gina Rozenski925-240-2504
4. Project Location: 
Brentwood, Contra Costa County, California
5. Project Sponsor’s Name and Address: 
City of BrentwoodSame as above
6. General Plan Designation: 
Residential, Commercial, Office, Downtown (Mixed Use), Industrial, Public Land (Public Facility/Park), Special Planning Area, Permanent Open Space
7. Zoning: 
Public Facility (PF), Thoroughfare Commercial (C-3), Central Business (CB), Administrative Professional Commercial Office (CO), Commercial/Office/Residential (COR), Planned Development (PD), Single-Family Residential (R-1-E) Single-Family Residential (R-1-6), Single-Family Residential (R-1), Single-Family Residential (R-1-10), Moderate-Density Residential (R-2), Neighborhood Commercial (C-1), Commercial/Office/Business (COB), General Commercial (C-2), Open Space (OS), Ranchette Estate (R-3), Industrial Commercial (IC)
8. Description of Project: 
Amendment to add area to the North Brentwood Redevelopment Plan, extend eminent domain in the North Brentwood Redevelopment Plan area, and reestablish eminent domain in the Brentwood Redevelopment Plan area
9. Surrounding Land Uses and Setting (of proposed Added Area): 
Project area is bounded to the south by Sunset Road, to the west by Tresch Road (and Trailside Subdivision) and Marsh Creek, to the north by Marsh Creek, and to the east by an existing orchard and food-processing plants. Surrounding land uses generally include Industrial, Agricultural, and Residential uses.
10. Other Public Agencies whose Approval Is Required: 
Contra Costa County


Environmental Factors Potentially Affected:

The environmental factors checked below would potentially be affected by this project (i.e., the project would involve at least one impact that is a “Potentially Significant Impact”), as indicated by the checklist on the following pages.

Aesthetics Agricultural Resources Air Quality

Biological Resources Cultural Resources Geology/Soils

Hazards and Hazardous Materials Hydrology/Water Quality Land Use/Planning

Mineral Resources Noise Population/Housing

Public Services Recreation Transportation/Traffic

Utilities/Service Systems Mandatory Findings of Significance 

Determination: 

On the basis of this initial evaluation:

x I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.


I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.



I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.


I find that the proposed project MAY have an impact on the environment that is “potentially significant” or “potentially significant unless mitigated” but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards and (2) has been addressed by mitigation measures based on the earlier analysis, as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.





I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the project, nothing further is required.





Signature /s/ Date April 10, 2002


Printed Name Gina Rozenski, Redevelopment Analyst For Brentwood Redevelopment Agency

Evaluation of Environmental Impacts:

1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained if it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2. All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an Environmental Impact Report (EIR) is required.

4. “Negative Declaration: Less than Significant with Mitigation Incorporated” applies when the incorporation of mitigation measures has reduced an effect from a “Potentially Significant Impact” to a “Less-than-Significant Impact”. The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less-than-significant level. (Mitigation measures from Section XVII, “Earlier Analyses”, may be cross-referenced.)

5. Earlier analyses may be used if, pursuant to tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration [Section 15063(c)(3)(D)]. In this case, a brief discussion should identify the following:

(a) Earlier Analysis Used. Identify and state where earlier analyses are available for review.

(b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards and state whether such effects were addressed by mitigation measures based on the earlier analysis.

(c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Incorporated,” describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, when appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

9. The explanation of each issue should identify:

(a) the significance criteria or threshold, if any, used to evaluate each question; and 
(b) the mitigation measure identified, if any, to reduce the impact to a less-than-significant level.

Introduction

This Initial Study has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and brief explanation of the environmental topics addressed in the checklist. 

Applicant/Contact Person

The Redevelopment Agency of the City of Brentwood 
150 City Park Way
Brentwood, CA 94513
Attn: Gina Rozenski, 925-240-2504

Project Location and Context

The project area is located in the City of Brentwood (City), in eastern Contra Costa County. The City is approximately equidistant (50 miles) from San Francisco to the west and Sacramento to the east. Incorporated City boundaries total approximately 7,600 acres, with an estimated 8,100 housing units and 5,640 jobs. The project area consists of the merged Brentwood Redevelopment Project Area (Brentwood Redevelopment Area), the North Brentwood Redevelopment Project Area (North Brentwood Redevelopment Area), and the proposed Added Area.

The North Brentwood Redevelopment Area was originally approved and adopted on July 9, 1991, by Ordinance No. 496. When adopted, the North Brentwood Redevelopment Area included certain unincorporated county property. The North Brentwood Redevelopment Plan was first amended on December 27, 1994, by Ordinance No. 548, in order to amend the plan’s financial time limits to bring them into conformance with Assembly Bill (AB) 1290. In June of 2000, the North Brentwood Redevelopment Plan was amended a second time by Ordinance 632, which merged it with the Brentwood Redevelopment Plan (often referred to as the “Downtown Project”). Although the two areas have been merged, they are still referred to individually as the Brentwood Redevelopment Area and the North Brentwood Redevelopment Area. The Brentwood Redevelopment Area totals 371 acres, and the North Brentwood Redevelopment Area totals 810 acres. In aggregate, the merged Brentwood and North Brentwood Redevelopment Areas total 1,181 acres. The North Brentwood Redevelopment Plan was amended a third time, by Ordinance 699 on March 12, 2002, to comply with financial time limits in accordance with Senate Bill (SB) 211.

The proposed Added Area (138 acres) is located entirely within the City of Brentwood boundaries. The proposed Added Area is contiguous with the North Brentwood Redevelopment Area along the easterly boundary of the recently built Trailside Subdivision, located north of Sunset Road. The proposed Added Area is bounded to the south by Sunset Road, to the west by the Tresch Road (and Trailside Subdivision) and Marsh Creek, to the north by Marsh Creek, and to the east by an existing orchard and food-processing plant. Figure 1 shows the location of the proposed Added Area and its relationship with the North Brentwood Redevelopment Area. Allowable land uses within the proposed Added Area consist of sports park, industrial, municipal wastewater treatment plant, solid waste plant, and municipal corporation yard. The current land use designations on these properties are Industrial (I), Park (P), and Public Facilities (PF). 


The proposed project consists of amending the merged Brentwood and North Brentwood Redevelopment Plans to:

1. add approximately 138 acres to the northeasterly portion of the North Brentwood Redevelopment Area;

2. extend the time limit for eminent domain within the North Brentwood Redevelopment Area; and 

3. re-institute eminent domain in the Brentwood Redevelopment Area.

Project Purpose

The North Brentwood Redevelopment Area suffers from parcels of irregular shape, inadequate size, multiple ownership, incompatible and nonconforming uses, deteriorated buildings, defective or substandard building design, and lack of local neighborhood serving uses. Furthermore, in comparison to the rest of the City, the North Brentwood Redevelopment Area suffers from low real estate sales transactions, low job creation, depreciated or stagnant property values, and impaired investments.

The purpose of the proposed amendment is to add the 138-acre Sunset Industrial Park to the North Brentwood Redevelopment Area. Existing uses in the proposed Added Area include the City’s wastewater treatment plant, solid waste plant, and sports complex. Proposed additional uses include a City corporation yard; an improved and advanced wastewater treatment plant; and a 28± acre, 9-lot industrial subdivision. The proposed industrial subdivision will provide adequate sites to accommodate the relocation of incompatible existing industrial uses along Brentwood Boulevard. This is necessary to eliminate existing blighting conditions along this corridor and to prevent continuing decline and stagnation of the area. Removing impediments and providing the assistance and incentives needed to stimulate private investment within the area will provide for commercially synergistic uses that will complement the community.

The second purpose of the proposed amendment is to re-establish the Redevelopment Agency of the City of Brentwood’s (Agency’s) authority of eminent domain in the Downtown Redevelopment Project Area, and to extend the original 12-year limit of eminent domain authority in the North Brentwood Redevelopment Area. Re-establishing and extending authority of eminent domain is necessary to assist in alleviating blight conditions that impede the development, improvement, rehabilitation, and modernization of the project areas. Eminent domain is not used lightly, but it is necessary to acquire and assemble properties for proper usefulness and a valid public purpose, and to achieve the goals and objectives of the redevelopment plans.


Uses Within the Proposed Added Area

In addition to existing uses, the proposed uses in the proposed Added Area include a City corporation yard; an improved and advanced wastewater treatment plant; and a 28± acre, light-, medium- and heavy-industrial land use subdivision. The subdivision would consist of 9 lots ranging from approximately 2 to 6 acres in size. The target occupants would be those existing non-conforming and/or non-compatible businesses along Brentwood Boulevard. While there are no suitably zoned sites within the North Brentwood Redevelopment Area for these existing non-conforming uses, the proposed industrial subdivision would create the opportunity and provide adequate sites to accommodate their relocation from Brentwood Boulevard. In addition, the proposed amendment could provide opportunities for new businesses or businesses relocating from elsewhere to establish in the industrial subdivision. Potential environmental impacts associated with future development of the industrial park within the proposed Added Area would be assessed and disclosed in project-specific environmental studies.





Table I. Land Uses Found in North Brentwood Redevelopment Project Area and Proposed Added Area: 
Lot No. Land Use Code Land Use Designation ResidentialDensity (Dwelling Units/Acre) North Brentwood Redevelopment Area Proposed Added Area
RESIDENTIAL 
1 RE Ranchette Estate 0–1.1 X 
2 VL Very Low Density 1.1–3 X 
3 L Low Density 1.1–5 X 
4 M Medium Density 5.1–1 X 
5 H High Density 11.1–20 X 
6 VH Very High Density 20.1–30 
COMMERCIAL 
7 GC General Commercial X 
8 RC Regional Commercial 
OFFICE 
9 O Professional Office X 
10 BP Mixed Use/Business Park X 
DOWNTOWN 
11 DT Downtown (Mixed Use) X 
INDUSTRIAL 
12 I Industrial X
PUBLIC LAND 
13 PF Public Facility X X
14 P Park X X
OTHER 
15 UR Urban Reserve 
16 AC Agricultural Conservation 
17 SPA Special Planning Area X 
18 OS Permanent Open Space 
19 SP Semi-Public 




Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
I. AESTHETICS. Would the project: 
a. Have a substantial adverse effect on a scenic vista? q q X q
b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings along a scenic highway? q q X q
c. Substantially degrade the existing visual character or quality of the site and its surroundings? q q X q
d. Create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area? q q X q

The proposed project would have no direct impact on aesthetics since no specific development projects are being proposed at this time. Indirect impacts could occur because development would become more likely within the project area when the proposed Added Area is included as part of the merged redevelopment area and the City’s eminent domain power is extended and/or re-instituted. However, such potential impacts were analyzed previously in the General Plan Update EIR. Future development projects within the project area would be consistent with the scenario outlined in the City’s General Plan Update. Associated impacts to Visual Resources were analyzed in Chapter 3.3-1 of the General Plan Update EIR. The City will review future plans, including site design, landscaping, and architectural design, for all new development within the proposed Added Area to ensure conformance with development standards and policies established in the General Plan Update, including mitigation measures adopted as part of the General Plan Update EIR. Specific projects within the project area, including the proposed Added Area, would also be subject to separate, project-specific environmental review. Overall, adding the Added Area and extending and re-establishing eminent domain would result in beneficial effects within the project area because these actions would broaden the reach of continued revitalization activities within the City of Brentwood. Such activities are expected to have a beneficial aesthetic impact in that they would result in the gradual replacement of old, blighted, unattractive development with modern uses in conformance with current City standards. 

Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
II. AGRICULTURAL RESOURCES. In determining whether impacts on agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation. Would the project: 
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? q q q X
b. Conflict with existing zoning for agricultural use or conflict with a Williamson Act contract? q q q X
c. Involve other changes in the existing environment that, due to their location or nature, could result in conversion of Farmland to non-agricultural use? q q q X

No farmland would be converted to other uses as a result of the proposed project, nor would the project conflict with existing zoning for agricultural use. Therefore, no impact to agricultural resources would occur.

Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
III. AIR QUALITY. When available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 
a. Conflict with or obstruct implementation of the applicable air quality plan? q q X q
b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? q q X q
c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a nonattainment area for an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? q q X q
d. Expose sensitive receptors to substantial pollutant concentrations? q q X q
e. Create objectionable odors affecting a substantial number of people? q q X q

The proposed project would have no direct impact on local or regional air quality because no specific development projects are being proposed at this time. Indirect impacts could occur because development would become more likely within the project area when the proposed Added Area is included as part of the merged redevelopment area and the City’s eminent domain power is extended and/or re-instituted. However, such potential impacts were analyzed previously in the General Plan Update EIR. Future development projects within the project area, including the proposed Added Area, would be consistent with the scenario outlined in the City’s General Plan Update. Associated air quality impacts were analyzed in Chapter 3.5-12 of the General Plan Update EIR. The City will review future plans for all new development within the project area to ensure conformance with development standards and policies established in the General Plan Update, including mitigation measures adopted as part of the General Plan Update EIR. Specific projects within the existing redevelopment areas and the proposed Added Area would also be subject to separate, project-specific environmental review. Subsequent review would include analysis of project conformity with state and regional air quality regulations. Overall, adding the Added Area and extending and re-establishing eminent domain would result in beneficial effects within the project area because these actions would broaden the reach of continued revitalization activities within the City of Brentwood. 

Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
IV. BIOLOGICAL RESOURCES. Would the project: 
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? q q X q
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? q q X q
c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, coastal wetlands, etc.) through direct removal, filling, hydrological interruption, or other means? q q X q
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? q q X q
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? q q X q
f. Conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan? q q X q

The proposed project would have no direct impact on biological resources within the project area because no specific development projects are being proposed at this time. Indirect impacts could occur because development would become more likely within the project area when the proposed Added Area is included as part of the merged redevelopment area. However, such potential impacts were analyzed previously in the General Plan Update EIR. Future development would also be enabled by re-instituting/extending the City’s power of eminent domain. Future development projects within the existing redevelopment areas and the proposed Added Area would be consistent with the scenario outlined in the City’s General Plan Update. Associated impacts to biological resources were analyzed in Chapter 3.9 of the General Plan Update EIR. The City will review future plans, including site design, landscaping, and architectural design, for all new development within the proposed Added Area to ensure conformance with development standards and policies established in the General Plan Update, including mitigation measures adopted as part of the General Plan Update EIR. Specific projects within the project are also be subject to separate, project-specific environmental review. Project-specific environmental review would assess the presence of biological resources, including special-status species; natural communities; and biotic resources, including wetlands and Waters of the U.S., and recommend any further mitigation necessary to ensure that impacts to biological resources are minimized. 

Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
V. CULTURAL RESOURCES. Would the project: 
a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? q q X q
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? q q X q
c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? q q X q
d. Disturb any human remains, including those interred outside of formal cemeteries? q q X q

The proposed project would have no direct impact on cultural resources within the project area because no specific development projects are being proposed at this time. Indirect impacts could occur because development would become more likely within the project area when the proposed Added Area is included as part of the merged redevelopment area and the City’s power of eminent domain is re-instituted and/or extended. However, such potential impacts were analyzed previously in the General Plan Update EIR. Future development projects within the project area, including the proposed Added Area, would be consistent with the scenario outlined in the City’s General Plan Update. Associated impacts to cultural resources were analyzed in Chapter 3.10 of the General Plan Update EIR. The City will review future plans for all new development within the Added Area to ensure conformance with development standards and policies established in the General Plan Update, including mitigation measures adopted as part of the General Plan Update EIR. Specific projects within the proposed Added Area would also be subject to separate, project-specific environmental review. Project-specific environmental review would include an assessment of the presence of cultural resources on a given project site. Should such resources occur or have the potential to occur, further mitigation would be recommended to ensure that impacts to cultural resources are minimized.
Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
VI. GEOLOGY AND SOILS. Would the project: 
a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 
1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. q q X q
2. Strong seismic groundshaking? q q X q
3. Seismic-related ground failure, including liquefaction? q q X q
4. Landslides? q q X q
b. Result in substantial soil erosion or the loss of topsoil? q q X q
c. Be located on a geologic unit or soil that is unstable or that would become unstable as a result of the project and potentially result in an onsite or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? q q X q
d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? q q X q
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems in areas where sewers are not available for the disposal of wastewater? q q X q

No impacts to geology and soils would occur with implementation of the proposed project because no specific development projects that involve grading or construction are being proposed as part of this project. Amending the redevelopment plan by adding area and prolonging and extending the City’s power of eminent domain would enable future projects to be undertaken in the project area, but the effects of such projects will be assessed at the time they are proposed through separate, project-specific CEQA compliance. The impact of future development on geology, soils, and mineral resources within the City of Brentwood, including the Added Area, was analyzed in Chapter 3.11 of the General Plan Update EIR. All mitigation measures proposed to minimize impacts to geology and soils would be applicable to future development within the project area, including the proposed Added Area. These measures include, but are not limited to, requirements that new development, rehabilitation, and improvements be constructed in compliance with current seismic safety requirements, including Building Code standards, City General Plan policies, and the City’s standard development requirements. 


Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: 
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? q q X q
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? q q X q
c. Emit hazardous emissions or involve handling hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? q q X q
d. Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? q q X q
e. Be located within an airport land use plan area or, where such a plan has not been adopted, be within two miles of a public airport or public use airport, and result in a safety hazard for people residing or working in the project area? q q q X
f. Be located within the vicinity of a private airstrip and result in a safety hazard for people residing or working in the project area? q q q X
g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? q q X q
h. Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? q q q X

a–d) No significant impacts associated with hazardous materials would occur with project implementation because no specific projects that involve the use, transport, or release of hazardous materials are being proposed at this time. Hazardous materials impacts associated with buildout of the City of Brentwood, including the proposed Added Area, were analyzed in Chapter 3.13 of the General Plan Update EIR. All mitigation measures proposed therein to minimize impacts associated with the use and/or release of hazardous materials would be applicable to future projects proposed within the project area. The extension of the City’s redevelopment area may in fact have a beneficial effect in the proposed Added Area because redevelopment of the area would provide the opportunity for the City to use redevelopment funds to clean up sites containing hazardous materials. Future proposed projects would be subject to project-specific analysis under CEQA, and when necessary, additional measures would be identified to minimize hazardous materials impacts.

e & f ) The project area is not located within an airport land use plan or within 2 miles of a public airport or public-use airport; nor is the area within the vicinity of a private air strip. 

g) No development would occur as a direct result of the proposed project; therefore, no impact associated with an adopted emergency response or emergency evacuation plan would occur. As discussed in Chapter 3.13 of the General Plan Update EIR, all development within the City, including within the proposed Added Area, would occur according to adopted emergency response plans and policies. 

h) There is no interface between wildlands and urban areas within or adjacent to the project area. 



Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
VIII. HYDROLOGY AND WATER QUALITY. Would the project: 
a. Violate any water quality standards or waste discharge requirements? q q X q
b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, resulting in a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? q q X q
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation onsite or offsite? q q X q
d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding onsite or offsite? q q X q
e. Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? q q X q
f. Otherwise substantially degrade water quality? q q X q
g. Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? q q X q
h. Place within a 100-year flood hazard area structures that would impede or redirect floodflows? q q X q
i. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? q q X q
j. Contribute to inundation by seiche, tsunami, or mudflow? q q X q

No direct impacts to hydrology and water quality would occur with implementation of the proposed project because no specific development projects are being proposed at this time. Amending the redevelopment plan by adding area and prolonging and extending the City’s power of eminent domain would enable future projects to be undertaken in the project area. However, such potential impacts were analyzed previously in the General Plan Update EIR., and the effects of future proposed projects will be assessed at the time they are proposed through separate, project-specific CEQA compliance. The impact of future development on water resources within the City of Brentwood, including the proposed Added Area, was analyzed in Chapter 3.12 of the General Plan Update EIR. All mitigation measures proposed to minimize impacts to hydrologic systems and water quality would be applicable to future project proposed within the project area. These measures generally consist of requirements that new development, rehabilitation, and improvements be constructed pursuant to the Environmental Protection Agency and Regional Water Quality Control Board requirements, adopted General Plan policies, and standard City development requirements. 

Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
IX. LAND USE AND PLANNING. Would the project: 
a. Physically divide an established community? q q X q
b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? q q X q
c. Conflict with any applicable habitat conservation plan or natural community conservation plan? q q q X

The proposed project would not alter land uses in the proposed Added Area or in the existing redevelopment area. Future development and redevelopment in these areas would be consistent with adopted land use plans and policies. Furthermore, land use and planning-related measures adopted as part of the General Plan Update EIR (Chapter 3.1) would be applicable to future projects within City limits, including the proposed Added Area. No new development would occur as a result of the proposed amendment to the redevelopment plan; therefore, there is no potential for the project to physically divide an established community. No habitat conservation plans or natural community conservation plans would be affected by the proposed amendment. 
Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
X. MINERAL RESOURCES. Would the project: 
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? q q q X
b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? q q q X

No impact to mineral resources would occur with project implementation. Please see discussion under Section VI, Geology and Soils, of this document.

Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
XI. NOISE. Would the project: 
a. Expose persons to or generate noise levels in excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies? q q X q
b. Expose persons to or generate excessive groundborne vibration or groundborne noise levels? q q X q
c. Result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? q q X q
d. Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? q q X q
e. Be located within an airport land use plan area, or, where such a plan has not been adopted, within two miles of a public airport or public use airport and expose people residing or working in the project area to excessive noise levels? q q X q
f. Be located in the vicinity of a private airstrip and expose people residing or working in the project area to excessive noise levels? q q X q

The proposed amendment would not result in any direct noise impacts within the existing redevelopment areas or the proposed Added Area because no specific development projects are proposed at this time. Noise impacts associated with future development in the City, including the proposed Added Area, were analyzed in Chapter 3.6 of the General Plan Update EIR. Mitigation measures proposed therein to minimize both temporary construction-related and long-term noise impacts would be applicable to any future projects proposed within the project area. In addition, future projects would be subject to project-specific analysis under CEQA, and would be required to comply with the City’s adopted noise ordinance. Therefore, no additional analysis or mitigation is required at this time.
Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
XII. POPULATION AND HOUSING. Would the project: 
a. Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? q q X q
b. Displace a substantial number of existing housing units, necessitating the construction of replacement housing elsewhere? q q X q
c. Displace a substantial number of people, necessitating the construction of replacement housing elsewhere? q q X q

The proposed amendment would not allow the creation of housing or associated population growth beyond the level analyzed in the General Plan Update EIR. Chapter 3.2 of the EIR analyzes impacts associated with population, employment, and housing growth within the City, including the existing redevelopment areas and the proposed Added Area, and includes mitigation measures intended to reduce growth-related impacts to a less-than-significant level. Mitigation measures contained in the General Plan Update EIR would be applicable to future development projects within the proposed Added Area. Additionally, future proposed projects would be approved subject to separate, project-specific CEQA analysis. 


Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
XIII. PUBLIC SERVICES. Would the project: 
a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services: 
Fire protection? q q X q
Police protection? q q X q
Schools? q q X q
Parks? q q X q
Other public facilities? q q X q

The potential for future development within the project area would increase with the proposed amendment. However, no specific development projects are being proposed as part of this project, so no significant impact to public services would will occur. Public services impacts associated with buildout of the City, including the existing redevelopment area and the proposed Added Area, were analyzed in the General Plan Update EIR. Mitigation measures recommended therein to minimize public services impacts resulting from future development would be applicable to future projects proposed within the project area, and separate, project-specific analysis under CEQA would be required for all future projects. 


Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
XIV. RECREATION. Would the project: 
a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? q q X q
b. Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? q q X q

The potential for future development within the project area would increase with the proposed amendment. However, no specific development projects are being proposed as part of this project, so no significant recreation-related impacts would occur. Recreation-related impacts associated with buildout of the City, including the existing redevelopment areas and the proposed Added Area, were analyzed in Chapter 3.8 of General Plan Update EIR. Mitigation measures recommended therein to minimize impacts to recreational facilities associated with future development and population growth would be applicable to future projects proposed within the project area, and separate, project-specific analysis under CEQA would be required for all future projects.
Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
XV. TRANSPORTATION/TRAFFIC. Would the project: 
a. Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? q q X q
b. Cause, either individually or cumulatively, exceedance of a level-of-service standard established by the county congestion management agency for designated roads or highways? q q X q
c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? q q X q
d. Substantially increase hazards because of a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? q q X q
e. Result in inadequate emergency access? q q X q
f. Result in inadequate parking capacity? q q X q
g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? q q X q

The proposed project would have no direct impact on transportation/traffic within the project area because no specific development projects are being proposed at this time. Indirect impacts could occur because development within the project area would become more likely with inclusion of the proposed Added Area as part of the merged redevelopment area and by prolonging and extending the City’s power of eminent domain. However, such potential impacts were analyzed previously in the General Plan Update EIR. Future traffic volumes and patterns within the City, including the existing redevelopment areas and proposed Added Area, would be consistent with the analysis contained in Chapter 3.4 of the General Plan Update EIR. The City will review future plans for all new development in the project area to ensure conformance with all transportation-related policies contained in the General Plan Update, and all mitigation measures adopted as part of the General Plan Update EIR will be applicable to future projects. Specific projects within the existing redevelopment areas and the proposed Added Area will also be subject to separate, project-specific environmental review to determine whether additional mitigation is necessary to minimize transportation/traffic impacts. 
Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: 
a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? q q X q
b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? q q X q
c. Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? q q X q
d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or would new or expanded entitlements be needed? q q X q
e. Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? q q X q
f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? q q X q
g. Comply with federal, state, and local statutes and regulations related to solid waste? q q X q

The potential for future development within the project area would increase with the proposed amendment. However, no specific development projects are being proposed as part of this project, so no significant impact to public utilities would occur. Impacts to utilities and service systems associated with buildout of the City, including the existing redevelopment areas and the proposed Added Area, were analyzed in Chapter 3.7 the General Plan Update EIR. Mitigation measures recommended therein to minimize public utilities impacts resulting from future development would be applicable to future projects proposed within the project area and separate, project-specific analysis under CEQA would be required for all future projects to ensure that impacts are minimized. 



Potentially Significant Impact Less than SignificantwithMitigation Incorporated Less-than-Significant Impact No Impact
XVII. MANDATORY FINDINGS OF SIGNIFICANCE 
a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? q q X q
b. Does the project have impacts that are individually limited but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) q q X q
c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? q q X q

Based on the findings of this Initial Study, as well as existing Code requirements and permit conditions that will be placed on the approval of future proposed projects, the proposed amendment would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. The proposed amendment would not have the potential to achieve short-term goals to the disadvantage of long-term goals. No potentially significant individually limited or cumulative impacts were identified, and substantial adverse impacts on humans would not occur with project implementation. 

Future development projects would take place within the project area only after subsequent environmental review is completed and mitigation measures are adopted to minimize all potential environmental affects. 
XVIII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a discussion should identify the following on attached sheets:

a. Earlier analyses used. The attached Negative Declaration tiers off of the City’s General Plan Update EIR (SCH#2000122013). The General Plan Update EIR document can be obtained for public review at Community Development Department at 104 Oak Street, Brentwood, CA.


b. Impact adequately addressed. No direct environmental effects are expected to occur with implementation of the proposed amendment to the City’s redevelopment plan because no specific development projects are identified as part of this project. Any indirect effects associated with the increased likelihood that future development will take place within the existing redevelopment areas and the proposed Added Area would be less than significant. Potential future projects would be implemented pursuant to mitigation measures outlined in the General Plan Update EIR, and would be subject to subsequent project-specific CEQA compliance.


c. Mitigation measures. Refer to the Mitigation Monitoring Report for the City of Brentwood General Plan Update EIR. This document can be obtained for public review at the Community Development Department at 104 Oak Street, Brentwood, CA.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonoff v. Board of Supervisors, 222 Cal. App. 3d 1337(1990).